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Edner v. Mathews

CIRCUIT COURT OF APPEALS, THIRD CIRCUIT.


decided: October 16, 1945.

MERRITT I. EDNER, TRUSTEE IN BANKRUPTCY OF GEORGE H. LUM APPELLANT,
v.
JENNY R. MATHEWS, EX'X, OF GEORGE B. MATHEWS, DECEASED. SAME V. MASSACHUSETTS MUTUAL LIFE INSURANCE CO., DEFENDANT, AND THIRD-PARTY PLAINTIFF, APPELLEE (JENNY R. MATHEWS, EX'X OF ESTATE OF GEORGE B. MATHEWS, DECEASED, THIRD-PARTY DEFENDANT, APPELLEE).

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

Per Curiam.

These two cases come to the Court from judgments of the District Court for the Western District of Pennsylvania. 58 F.Supp. 486. 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.

The judgments are, therefore, affirmed.

19451016

© 1998 VersusLaw Inc.



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