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182 F.2d 255

Docket No. 12194.

West v. Conrad

Ninth Circuit Court of Appeals

Decided May 11, 1950.

Ninth Circuit Court of Appeals · decided 1950-05-11

Cited by 8 later decisions — most recently April 1956

6 federal appellate · 2 state decisions

2 counsel of record

Relies on United States v. United States Gypsum Co. · West v. Conrad

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1950-05-11

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¶1George W. Manierre and Paul G. Breckenridge, Los Angeles, Cal., for appellant.

¶2Arnold Leader and Leonard Wilson, Los Angeles, Cal., for appellees.

¶3Before BONE and POPE, Circuit Judges, and BLACK, District Judge.

¶4PER CURIAM.

¶5The facts and issues in this case are set forth in our previous opinion, West v. Conrad, 9 Cir., 177 F.2d 252. On remand the trial court made amended findings of fact and conclusions of law to the effect that the premises were actually used for business purposes and not for housing.

¶6 In a supplemental brief appellant, contends that the finding to this effect1 is contrary to the evidence and clearly erroneous. After reviewing the record now before us, we cannot say that the finding is without evidentiary support, nor are we “left with the definite and firm conviction that a mistake has been committed.” United States v. United States Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746. The challenged finding is not clearly erroneous, and under Rule 52(a), 1 Federal Rules of Civil Procedure, 28 U.S.C.A., it must stand. We would not he justified in holding that it does not sufficiently determine the factual issues delineated in our previous opinion herein. Judgment affirmed.

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