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85 F.2d 614

Docket No. 6746.

Roach v. Minshall

Sixth Circuit Court of Appeals

Decided Jan. 15, 1936.

Sixth Circuit Court of Appeals · decided 1936-01-15

Cited by 1 later decisions — most recently April 1940

1 federal appellate ·

2 counsel of record

Relies on Fleischmann Const Co v. United States · Lewellyn v. Electric Reduction Co. · Law v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1936-01-15

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¶1Harold S. Rausch and Edward Blythin, both of Cleveland, Ohio, for appellant.

¶2Thomas C. Terrett and William E. Min-shall, both of Qeveland, Ohio, for appellees.

¶3Before HICKS, SIMONS, and ALLEN, Circuit Judges.

¶4PER CURIAM.

¶5It appearing to the court upon a consideration of this case that a jury was waived and' the cause tried to the court, that there was only a general finding and judgment in favor of appellees, that there was no request for any special findings of fact, and of course no exception for a failure to find specific facts, that there was no proposition of law presented to the court by motion for judgment with request for a ruling thereon, and that there is therefore no reviewable question presented in the record [see Fleischmann Const. Co. v. United States, 270 U.S. 349, 356, 46 S.Ct. 284, 70 L.Ed. 624; Lewellyn, Collector, v. Electric Reduction Co., 275 U.S. 243, 248, 48 S.Ct. 63, 72 L.Ed. 262; Law v. United States, 266 U.S. 494, 45 S.Ct. 175, 69 L.Ed. 401; Ocean Acc. & Guarantee Corp. v. Pearson, 37 F.(2d) 896 (C.C.A. 6); Fordson Coal Co. v. Wilson, 39 F.(2d) 55 (C.C.A. 6); May v. Marbury, 39 F.(2d) 438 (C.C.A. 6); Wynne v. Fries, 50 F.(2d) 761 (C.C.A. 6); Brown v. Harvey Coal Corp., 61 F.(2d) 624 (C.C.A. 6) ; Rose v. United States, 69 F.(2d) 966 (C.C.A. 6); Humphreys v. Third National Bank, 75 F. 852, 855 (C.C.A. 6)],

¶6It is therefore ordered and adjudged that the judgment of the District Court be, and the same is, affirmed.

¶7Judgment of District Court affirmed.

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