Ferris, Jr. v. Federal Loan Home ( 1995 )

USCA1 Opinion

          November 15, 1995     [NOT FOR PUBLICATION]
NOT FOR PUBLICATION





                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



                              _________________________



          No.  95-1367







                              MICHAEL E. FERRIS, ET AL.,



                               Plaintiffs, Appellants,



                                          v.



                   FEDERAL HOME LOAN MORTGAGE CORPORATION, ET AL.,



                                Defendants, Appellees.





                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                          FOR THE DISTRICT OF MASSACHUSETTS



                 [Hon. Morris E. Lasker, Senior U.S. District Judge]
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                                 ____________________



                                        Before



                                Selya, Circuit Judge,
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                            Aldrich, Senior Circuit Judge,
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                               and Cyr, Circuit Judge.
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                                 ____________________



               Thomas J. Gleason on brief for appellant.
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               Harvey M. Forman, Forman & Forman, and Robert O. Berger, III
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          on joint brief for appellees.



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                    Per  Curiam.    The  plaintiffs,  disappointed  by  the
Per  Curiam.
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          district  court's  findings  of   fact  and  conclusions  of  law



          following a bench trial, see Ferris v. Federal Home Loan Mortgage
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          Corp., No. 94-10470,  slip op.  (D. Mass. Mar.  7, 1995),  appeal
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          from  the ensuing judgment.   The standard of  review, though not



          insurmountable,  is daunting.   See  Cumpiano v.  Banco Santander
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          P.R., 902 F.2d 148,  152 (1st Cir. 1990) (describing  high degree
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          of deference that must "be paid to the  trier's assessment of the



          evidence"  in a jury-waived trial); Reliance  Steel Prods. Co. v.
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          National  Fire Ins.  Co., 880  F.2d 575,  576-77 (1st  Cir. 1989)
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          (similar);  see also Fed. R. Civ.  P. 52(a).  This standard makes
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          it  clear that an appellate tribunal "ought not to upset findings



          of  fact or conclusions drawn  therefrom unless, on  the whole of



          the  record, [the judges] form a strong, unyielding belief that a



          mistake has  been made."   Cumpiano, 902 F.2d  at 152.   In other
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          words, as long as the district court's rendition of the record is



          plausible, our inquiry is at an end.



                    So  it is here.   We have carefully  reviewed the trial



          transcript,  the record on appeal,  and the parties'  briefs.  We



          discern  no error, and, given the standard of review, we perceive



          no fairly debatable issues demanding extended appellate scrutiny.



          Accordingly,  we  affirm   the  district  court's   judgment  for



          substantially  the reasons  elucidated  in  the  thorough,  well-



          reasoned opinion below.



                    We  need go no further.   The judgment  of the district



          court is summarily affirmed.  See 1st Cir. R. 27.1.
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          Affirmed.
Affirmed
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