Dowell, Incorporated, et al., Appellants, v. J. B. Lyons et al., Appellees, 261 F.2d 834 (6th Cir. 1958)

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US Court of Appeals for the Sixth Circuit - 261 F.2d 834 (6th Cir. 1958) December 11, 1958

Appeal from the United States District Court for the Eastern District of Kentucky; Mac Swinford, Judge.

H. R. Wilhoit, Grayson, Ky., James H. Hanes, Tulsa, Okl., for appellants.

Virgil H. Redwine, Sandy Hook, Ky., J. W. McKenzie, Ashland, Ky., for appellees.

Before MARTIN and MILLER, Circuit Judges, and GOURLEY, District Judge.


This is an action based on negligence tried by the Court without jury in which judgment was entered for the Plaintiff.

The above cause came on to be heard on the record, the briefs of the parties and the oral argnment of counsel, and the Court being duly advised;

Now, therefore, it appearing that the Findings of Fact and Conclusions of Law are supported by substantial evidence and are not clearly erroneous;

It is ordered, adjudged and decreed that the judgment of the District Court is affirmed.