LEE, ACTING GOVERNOR OF MARYLAND, ET AL.

v.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ET AL.

Citator

Cited By (70 total)

• In re the Complaint of William McLINN v. The F/V Fjord, 739 F.2d 1395 (9th Cir. 1984)
  …y case where there are no state decisions directly on point or none which provide a clear precedent. Fed.Rules Civ. Proc. rule 52(a), 28 U.S.C.A. — Rasmussen Drilling, Inc. v. Kerr-McGee Nuclear Corp., 571 F. 2d 1144, certiorari denied 99 S.Ct. 183, 439 U.S. 862, 58 L.Ed.2d 171.…
• Fidel Ramos v. The Honorable Richard D. Lamm, 639 F.2d 559 (10th Cir. 1980)
  …ed. Such findings by the trial judge who heard and saw the evidence may not be set aside on appeal unless they are clearly erroneous. See e. g., Rasmussen Drilling, Inc. v. Kerr-McGee Nuclear Corp., 571 F. 2d 1144, 1148-49 (10th Cir.), cert. denied, 439 U.S. 862, 99 S.Ct. 183, 58 L.Ed.2d 171 (1978); Battle v. Anderson, supra, 564 F. 2d at 400; F.R. Civ.P. 52(a).9 The resolution of conflicts in the evidence and the appraisal of credibility of witnesses are for the trial court hearing a case without a jury. S…
• Freightliner Corp. v. Myrick, 514 U.S. 280 (U.S. 1995)
  …dangerously unsafe when combined with new, more effective brakes. In 1974, NHTSA responded that Standard 121 was practical and that ABS devices did not cause accidents. See generally Paccar, Inc. v. NHTSA, 573 F. 2d 632, 637-638 (CA9), cert. denied, 439 U. S. 862 (1978). Several manufacturers and trade associations then sought review of Standard 121 in the Court of Appeals for the Ninth Circuit. That court remanded the case to NHTSA because “a careful review of the extensive record” indicated that “the Stan…