JUNIUS MCKENSIE, PLAINTIFF,
v.
SEA LAND SERVICE, INC., DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, V. ATLANTIC & GULF STEVEDORES, INC., AND B & G CRANE SERVICE, INC., THIRD-PARTY DEFENDANTS-APPELLEES
JUNIUS MCKENSIE, PLAINTIFF,
SEA LAND SERVICE, INC., DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT, V. ATLANTIC & GULF STEVEDORES, INC., AND B & G CRANE SERVICE, INC., THIRD-PARTY DEFENDANTS-APPELLEES
551 F.2d 91
Court of Appeals for the Fifth Circuit (1977)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:
While this case was tried in the district court entirely on depositions and documents and hence the exhortation of the “clearly erroneous” rule of McAllister v. United States, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20 (1954) and Fed.R.Civ.P. 52(a) is to some extent ameliorated, Ward v. Wainwright, 450 F. 2d 409, 412 (5th Cir. 1971), “[Nevertheless, where the conclusions of the trial judge may reasonably be inferred from the record, such conclusions should not be disturbed on appeal . . . even though conflicting inferences of equal reasonableness may be drawn from a review of the same body of evidence.” Skidmore v. Grueninger, 506 F. 2d 716, 724 (5th Cir. 1975). See also Sicula Oceanica, S. A. v. Wilmar Marine Eng’r. & Sales Corp., 413 F. 2d 1332, 1333 (5th Cir. 1969).
In this case, after carefully reviewing the entire record and applying the foregoing standard to the findings of the trial judge, we are of the firm opinion that said findings are not clearly erroneous. Accordingly, on the basis of the trial court’s opinion, McKensie v. Sea Land Service, Inc., 430 F.Supp. 6 (E.D.La.1975), the judgment of the district court is AFFIRMED.
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Seaboard Coast Line R.R. Co. v. Trailer Train Co., 690 F.2d 1343 (11th Cir. 1982)
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Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McALLISTER v. United States, 348 U.S. 19 (U.S. 1954)
- In re Disbarment of Isserman, 348 U.S. 1 (U.S. 1954)
- Sicula Oceanica, S.A. v. Wilmar Marine Eng'g & Sales Corp., 413 F.2d 1332 (5th Cir. 1969)
- Skidmore v. Grueninger, 506 F.2d 716 (5th Cir. 1975)
- Ward v. Louie L. Wainwright, 450 F.2d 409 (5th Cir. 1971)