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151 F.2d 335

Docket Nos. 8886, 8887.

Edner v. Mathews

Third Circuit Court of Appeals

Argued Oct. 9, 1945.

Decided Oct. 16, 1945.

Third Circuit Court of Appeals · decided 1945-10-16

2 counsel of record

Opinion by (per_curiam) · Decided 1945-10-16

¶1A. E. Kountz, of Pittsburgh, Pa., and Edward B. Murphy, of Buffalo, N. Y. (Austin L. Staley and Kountz, Fry, Staley & Meyer, all of Pittsburgh, Pa., and Rosengren, Volker & Murphy, of Buffalo, N. Y., on the brief), for appellant.

¶2Edward N. Mills, of Buffalo, N. Y. (Albrecht, Maguire & Mills, of Buffalo, N. Y., and P. K. Motheral and Reed, Smith, Shaw & McClay, all of Pittsburgh, Pa., on the brief), for Mathews’ estate, appellee.

¶3Before ALBERT LEE STEPHENS, GOODRICH, and McLAUGHLIN, Circuit Judges.

¶4PER CURIAM.

¶5These two cases come to the Court from judgments of the District Court for the Western District of Pennsylvania. They involve several questions, all of which we think are questions of fact. Upon these questions there was conflicting testimony and each side points to facts tending to support the conclusion it urges. We quite realize that the questions are arguable. But the District Judge, having all the testimony before him, resolved it in well defined conclusions. We think that all of his conclusions are supported by such evidence and that we could not say, if we would, that they are clearly erroneous.

¶6The judgments are, therefore, affirmed.

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