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SUPREME COURT OF THE UNITED STATES

Syllabus

United States v. Yellow Cab Co.

338 U.S. 338

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

No.22. Argued November 14-15, 1949. -- Decided December 5, 1949.

In a suit to restrain violations of 1 and 2 of the Sherman act through a conspiracy to restrain and monopolize the sale of taxicabs by control of the principal companies operating them in certain states, the trial court carefully weighed the evidence, found it insufficient to support the allegations of the complaint and entered judgment for defendants.

Held: Judgment affirmed. pp. 339-342.

(a) For triers of fact totally to reject an opposed view impeaches neither their impartiality nor the propriety of their conclusions. Labor Board v. Pittsburgh Steamship Co., 337 U.S. 656. p. 341.

(b) Rule 52, Federal Rules of Civil Procedure, applies to appeals by the government as well as to those by other litigants. pp. 341-342.

(c) Where the evidence would support a conclusion either way and the trial court has decided it to weigh more heavily for the defendants, such a choice between two permissible views of the weight of the evidence is not "clearly erroneous" within the meaning of Rule 52. p. 342.

In a suit to enjoin alleged violations of 1 and 2 of the Sherman act, the district court found that the evidence did not support the allegations of the complaint and entered judgment for defendants. 80 F.Supp. 936. On appeal to this court, affirmed, p. 342.

80 F.Supp. 936, affirmed.

MR. JUSTICE JACKSON DELIVERED THE OPINION OF THE COURT.


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