 | Fred Chris Smith, Rebecca Gurley Bace - 2003 - 560 էջ
...magistrate judge's decision. "A factual finding will only be clearly erroneous when, although there may be evidence to support it, the reviewing court on the...with the definite and firm conviction that a mistake has been committed." . . . Applying this standard of review after duly considering the parties' briefs... | |
 | Mark Bobrowski, Aspen Publishers - 2002 - 802 էջ
...is, when there is no evidence to support them or when "although there is evidence to support [them], the reviewing court on the entire evidence is left...with the definite and firm conviction that a mistake has been committed." 174 If the trial judge has failed to provide a required finding, it may be supplied... | |
 | Matthias Oesch - 2003 - 306 էջ
...Supreme Court in US v. Gypsmu Co., 333 US 364, 395 119481: 'A finding is cleatly erroneous when ai thongh there is evidence to support it, the reviewing court on the entire evidence is left with the defimt e aml firm conviction that a mistake has heen made.' See also Lichtenhamu, p. 1238, and Oppermann/Cascante,... | |
 | Robert D. Feder - 1997 - 476 էջ
...years." The court stated: In the instant matter, we reverse the judgment of the Tax Court, as we are "left with the definite and firm conviction that a...States v. United States Gypsum Co., 333 US 364, 395, 92 L. Ed. 746, 68 S. Ct. 525 (l948) William Rodgers was a highly qualified business man and is largely... | |
 | Ken Hudnall - 2005 - 468 էջ
...interpreted this standard of review in its landmark decision in Gilbert v. Derwinski by stating that a finding is "'clearly erroneous' when although there...with the definite and firm conviction that a mistake has been committed. Clothing Allowance Prosthetic appliances and medications have an effect on clothing.... | |
 | Robert Force, Athanassios N. Yiannopoulos, Martin Davies - 2005 - 524 էջ
...McAllister v. United States, 348 US 19, 75 S. Ct. 6, 99 L. Ed. 20 (1954); Noritake, 627 F.2d at 727. 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 committed." Verrett v. McDonough Marine Service,... | |
 | Mark K. Moller - 2007 - 384 էջ
...under the applicable standard of appellate review, they were not "clearly erroneous." A finding of fact is clearly erroneous "when although there is evidence...with the definite and firm conviction that a mistake has been committed." Anderson v. City of Bessemer City, North Carolina, 470 US 564, 573 (1985). Under... | |
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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. 
