194 F.2d 532

Theodore R. CARNS and Bessie V. Carns v. UNITED STATES of America, Appellant.

No. 10584.

United States Court of Appeals Third Circuit.

Argued Feb. 8, 1952.

Decided Feb. 28, 1952.

M. M. Heuser, Washington, D. C., (Holmes Baldridge, Asst. Atty. Gen.,. Edward C. Boyle, U. S. Atty., W. Wendell Stanton, Asst. U. S. Atty., Pittsburgh, Pa., David B. Bliss, Washington, D. C., Attorneys, Department of Justice, on the brief), for appellant.

E. V. Buckley, Pittsburgh, Pa. (Mercer & Buckley, Pittsburgh, Pa., Fred B. Trescher, Greensburg, Pa., on the brief), for appellees.

*533Before KALQDNER and HASTIE, Circuit Judges, and MODARELLI, District Judge.

PER CURIAM.

This appeal attacks as “clearly erroneous” within the meaning of Rule 52(a), Federal Rules of Civil Procedure, several findings of fact made by the District Court relating to particular elements of damage in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The case was tried by the Court below without a jury.

Our review of the record discloses that the challenged findings are correct in fact and in law under applicable decisions of the Pennsylvania Supreme 'Court, and that the defendant’s contentions to the contrary are utterly without merit.

For the reasons stated the judgment of the District Court will be affirmed.

I

Carns v. United States
194 F.2d 532

Case Details

Name
Carns v. United States
Decision Date
Feb 28, 1952
Citations

194 F.2d 532

Jurisdiction
United States

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