B. B. B. CONSTRUCTION CORP.

v.

AETNA CASUALTY & SURETY CO.

Citator

Cited By

• Dr. Robert E. Whiting, Ph.D. v. Jackson State Univ. & John A. Peoples, 616 F.2d 116 (5th Cir. 1980)
  …as if a right to a jury trial existed. Stockton v. Altman, 432 F. 2d 946, 949-50 (5th Cir. 1970), cert. denied, 401 U.S. 994, 91 S.Ct. 1232, 28 L.Ed.2d 532 (1971); Kelly v. Shamrock Oil & Gas Corp., 171 F. 2d 909, 911 (5th Cir. 1948), cert. denied, 337 U.S. 917, 69 S.Ct. 1159, 93 L.Ed. 1727 (1949). From this fact two propositions follow. First, the trial judge was not required to make findings of fact per Fed.R.Civ.P. 52(a) to support the judgment as is the ease when a jury is utilized in an advisory capac…
• Nunez v. The Superior OIL Co., 572 F.2d 1119 (5th Cir. 1978)
  …inquiry is whether there was sufficient evidence to sustain the findings. See Security Mut. Cas. Co. v. Affiliated FM Ins. Co., 8 Cir. 1972, 471 F. 2d 238, 245; Kelly v. Shamrock Oil & Gas Corp., 5 Cir. 1948, 171 F. 2d 909, 911, cert. denied, 1949, 337 U.S. 917, 69 S.Ct. 1159, 93 L.Ed. 1727. If the issue is tried to the court, we must determine whether its findings were clearly erroneous. Rule 52, F.R.Civ.Proc. See Commissioner of Internal Revenue v. Duber- [*1125] stein, 1960, 363 U.S. 278, 290-291, 80 S.…
• North v. Madison Area Ass'n for Retarded Citizens-Developmental Ctrs. Corp., 844 F.2d 401 (7th Cir. 1988)
  …jury’s verdict would have had the same effect as if a jury trial had been a matter of right. U.S. Philips Corp. v. Ferro Corp., 522 F. 2d 1100, 1102 (6th Cir.1975); Kelly v. Shamrock Oil & Gas Corp., 171 F. 2d 909, 911 (5th Cir.1948), cert. denied, 337 U.S. 917, 69 S.Ct. 1159, 93 L.Ed. 1727 (1949). .MAARC maintains that the district court’s findings with respect to the motion for directed verdict and motion for reconsideration should be accorded the substantial deference due under the clearly erroneous st…