MUHAMMAD ET AL.

v.

UNITED STATES ET AL.

Citator

Cited By (16 total)

• Ruiz v. Estelle, 679 F.2d 1115 (5th Cir. 1982)
  …ake is especially strong where the findings [*1132] are primarily based upon oral testimony and the trial judge has viewed the demeanor and judged the credibility of the witnesses.” Bryan v. Kershaw, 366 F. 2d 497, 499 (5th Cir. 1966), cert. denied, 386 U.S. 959, 87 S.Ct. 1030, 18 L.Ed.2d 108 (1967). . See note 34 supra. . Dallas Ry. & Terminal Co. v. Sullivan, 108 F. 2d 581, 584 (5th Cir. 1940) (“Dialectical perfection, metaphysical nicety, abstract inerrancy, are not expected or required of Federal tria…
• ST. Louis Typographical Union NO. 8, AFL-CIO v. Herald Co., 402 F.2d 553 (8th Cir. 1968)
  …in the findings. This is an especially strong burden where the findings are primarily based upon oral testimony and the trial judge has viewed the demeanor and credibility of witnesses. Bryan v. Kershaw, 366 F. 2d 497 (5th Cir. 1966), cert. denied. 386 U.S. 959, 87 S.Ct. 1030, 18 L.Ed.2d 108 (1967); Friedman v. Fordyce Concrete, Inc., supra; Murphy v. Shelby, 353 F. 2d 418 (8th Cir. 1965); Montgomery Ward & Co. v. Steele, 352 F. 2d 822 (8th Cir. 1965). 4. It is not t.he function of the court of appeals’ t…
• United States v. W. Peachtree Tenth Corp., 437 F.2d 221 (5th Cir. 1971)
  …testimony concerning Lloyd’s treatment, due regard must be given to the trial court which had an opportunity to assess the witnesses’ credibility. Rule 52(a), Fed. R.Civ.P.; see Bryan v. Kershaw, 5 Cir. 1966, 366 F. 2d 497, 499, cert. denied, 1967, 386 U.S. 959, 87 S.Ct. 1030, 18 L.Ed.2d 108. The trial judge accepted appellee’s contention that it rejected Lloyd because the management was unable to verify his credit and because he had too many children. These findings were not clearly erroneous. We preterm…