Opinion
No. 12467.
April 25, 1949.
Appeal from the United States District Court for the Southern District of Florida; Seybourn H. Lynne, Judge.
Alan King, of Miami Beach, Fla., for appellant.
Ed Dupree, Gen. Counsel, Hugo V. Prucha, Asst. Gen. Counsel, and Francis X. Riley and Isadore A. Honig, Sp. Litigation Attys., all of Washington, D.C., for appellee.
Before SIBLEY, McCORD, and WALLER, Circuit Judges.
The witnesses save one testified orally, but in square and positive conflict, before the District Judge who tried the case without a jury. Their credibility was for the trial Judge. His conclusion is not clearly erroneous and must be affirmed.