I. Richard Green v. Kaynar Manufacturing Co., Inc., Etc.

ELY, Circuit Judge

(dissenting):

I dissent. The district judge heard the testimony of the appellant and observed the manner in which he gave it. He then found that appellant, after having conferred with appellee “relative to a mutual termination of [his] said employment * * * by his acts, acquiesced in, and consented to the termination of the Agreement of Employment * * * ” I do not say that the Findings of Fact and Conclusion of Law should not have been more finely drawn. To me, however, they reveal a simple determination that both parties became disenchanted with prospects under the Agreement of Employment and, quite quickly, mutually agreed to rescind it. This factual determination should not, in my opinion, be disturbed. Fed.R.Civ.P. 52(a). I would affirm.