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333 F.2d 680
Gladys C. JOHNSON, Appellant,
v.
KANSAS CITY BRIDGE COMPANY et al., Appellees.No. 20905.
United States Court of Appeals Fifth Circuit.
June 26, 1964.
Rehearing Denied July 31, 1964.
T. H. Freeland, III, Oxford, Miss., M. B. Montgomery, Jackson, Miss., Ralph O. White, Batesville, Miss., Phil Stone, James Stone & Sons, Oxford, Miss., Ross Barnett, Jr., Barnett, Montgomery, McClintock & Cunningham, Jackson, Miss., for appellant.
William O. Luckett and Brewer, Brewer & Luckett, William O. Luckett, Clarksdale, Miss., for appellees.
Before BROWN, MOORE* and GEWIN, Circuit Judges.
PER CURIAM.
1This is a damage suit which arose out of the construction of a bridge across the Mississippi River in the vicinity of Helena, Arkansas. Jurisdiction is based on diversity of citizenship. The plaintiff Johnson (appellant) complains of the conclusions reached by the trial court.
2There was an extended trial during which the facts were fully developed. Johnson claimed damages for the destruction of moorings, interference with barge landing facilities, loss of income and anticipated profits, and damages for the use of road rights-of-way. Both compensatory and punitive damages were claimed. The trial court wrote a full opinion dealing with the stipulated facts and those considered by the court to be necessary to dispose of the controversy. The case turns largely on the proof presented at the trial.
3We have carefully examined the record and considered Johnson's contentions and arguments. The court was not "clearly erroneous" as to the facts found, and did not commit error in the application of the law to the facts of the case.
4The judgment is affirmed.
Notes:
*Of the Second Circuit, sitting by designation
Document Info
Docket Number: 20905_1
Citation Numbers: 333 F.2d 680
Judges: Brown, Gewin, Moore, Per Curiam
Filed Date: 7/31/1964
Precedential Status: Precedential
Modified Date: 8/4/2023