 | H. Lauterpacht - 1986 - 1088 էջ
...395, 68 S.Ct. 525, 542, 92 L.Ed. 746, a finding is clearly erroneous within the meaning of Rule 52 (a) when, although there is evidence to support it, the...with the definite and firm conviction that a mistake has been committed.'1 Guided by the criteria referred to, considered with this interpretation of '... | |
 | E. Lauterpacht - 1986 - 776 էջ
...erroneous standard's requirement that the reviewing court have "the definite and firm conviction thai a mistake has been committed," United States v. United States Gypsum Co.. 333 US 364. 365, 68 S.Ci. 525. 92 L.Ed. 746 (1948). earlier in its opinion the Court noted that the magistrate's... | |
 | the late Bernard Schwartz - 1996 - 501 էջ
...erroneous,'" the Court had written in United States v. United States Gypsum Co., 333 US 364, 395 (1948), "when although there is evidence to support it, the...with the definite and firm conviction that a mistake has been committed." In accordance with the implication in Batson, most state appellate courts have... | |
 | Jochen A. Frowein, Rüdiger Wolfrum - 1999 - 566 էջ
...standard is the one expressed by the United States Supreme Court in US v. Gypsum Co., 333 US 364, 395: "A finding is clearly erroneous when although there...with the definite and firm conviction that a mistake has been made." however, rather the issue of sovereignty of member states, 17 while the second has... | |
 | Jerome Rosenstock - 1998 - 5514 էջ
...226 USPQ 1, 3 (Fed. Cir. 1985). Clear error exists when, on the entire record, the reviewing court is 'left with the definite and firm conviction that...States v. United States Gypsum Co., 333 US 364, 395 [76 USPQ 430] (1948)." 35 USC § 141 (2002) covers both adverse Board decisions on patentability and... | |
 | John G. Koeltl - 1999 - 796 էջ
...fact-findings unless "clearly erroneous." The Supreme Court has explained this standard as follows: [a] finding is "clearly erroneous" when although there...with the definite and firm conviction that a mistake has been committed. ... If the district court's account of the evidence is plausible in light of the... | |
 | National Trust for Historic Preservation - 1999 - 612 էջ
...is exercised by the appellate tribunals in admiralty cases than they exercise under Rule 52tal..."). A finding is clearly erroneous when. "although there...reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been commined." Id. tcitations ominedl: see also... | |
 | Terence P. Ross - 2000 - 970 էջ
...1996); Radio Steel and Manufacturing Co. v. MTD Products, Inc., 788 F.2d 1554, 1556 (Fed. Cir. 1986). "A finding is 'clearly erroneous' when although there...mistake has been committed." United States v. United Gypsum Co., 333 US 364, 395, 68 S.Ct. 525, 92 L.Ed. 746 (1948). 90 See Panduit Corp. v. Stahlin Bros.... | |
 | Philip Good - 2001 - 296 էջ
...surveys both parties used to support their claims were substantially defective.38 A finding of fact is clearly erroneous "when although there is evidence...with the definite and firm conviction that a mistake has been committed."39 In undertaking to demonstrate likelihood of confusion in a trademark infringement... | |
 | Thomas J. Kelleher, Brian G. Corgan, William E. Dorris - 2002 - 522 էջ
...807 (Fed. Cir. 1984). 452 Milmark Servs. Corp. v. United States, 731 F.2d 855, 857 (Fed. Cir. 1984). A finding is clearly erroneous when, "although there...with the definite and firm conviction that a mistake has been As discussed in § 16.20, it is not uncommon in board proceedings to have the issues of liability... | |
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clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. 
