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To: Torie
The finder of fact can give such weight to conflicting testimony as the finder of fact wishes. Greer was God, in practical effect. The abuse of discretion standard as a basis of appeal almost NEVER succeeds. You don't like it? Change the law.

Congress did. But judgeskings ignored it.

328 posted on 04/01/2005 10:29:14 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: supercat

They granted jurisdiction. They did nothing else ... nothing ... nada ... null set. It turned out, no appropriate legal tools were afforded. I would have been hard pressed to at once do my duty as a federal judge, and come to a different result. Poor lawyering made it worse, but as a federal judge, I would have handled that without much problem. I would have explained what needed to be done. That was not the problem, in the end. On this one, I am rather confident of my opinion now, after having gone this way and that.


339 posted on 04/01/2005 10:34:16 PM PST by Torie
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