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148 F.2d 634

Docket No. 5295.

Trueheart v. Eichelberger

Fourth Circuit Court of Appeals

Decided Oct 16, 1944.

Fourth Circuit Court of Appeals · decided 1944-10-16

2 counsel of record

Opinion by (per_curiam) · Decided 1944-10-16

¶1William Earle White, of Petersburg, Va., and Irvin G. Craig, of Richmond, Va., for appellant.

¶2William Old, of Chester, Vá. (J. Thompson Wyatt, of Petersburg, Va., on the brief), for appellee.

¶3Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.

¶4PER CURIAM.

¶5The question involved in this case is a pure question of fact and a careful consideration o'f the testimony convinces us that the able District Judge, who had the advantage of seeing and hearing all of the witnesses except the appellee, reached the correct conclusion. We would certainly not be justified in setting it aside as clearly erroneous. Rule 52, R.C.P., 28 U.S.C.A. following section 723c.

¶6Affirmed.

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