Ferris, Jr. v. Federal Loan Home

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November 15, 1995 [NOT FOR PUBLICATION] NOT FOR PUBLICATION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

____________________

Before

Selya, Circuit Judge, _____________

Aldrich, Senior Circuit Judge, ____________________

and Cyr, Circuit Judge. _____________
____________________

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

____________________




____________________











Per Curiam. The plaintiffs, disappointed by the Per Curiam. ___________

district court's findings of fact and conclusions of law

following a bench trial, see Ferris v. Federal Home Loan Mortgage ___ ______ __________________________

Corp., No. 94-10470, slip op. (D. Mass. Mar. 7, 1995), appeal _____

from the ensuing judgment. The standard of review, though not

insurmountable, is daunting. See Cumpiano v. Banco Santander ___ ________ _______________

P.R., 902 F.2d 148, 152 (1st Cir. 1990) (describing high degree ____

of deference that must "be paid to the trier's assessment of the

evidence" in a jury-waived trial); Reliance Steel Prods. Co. v. __________________________

National Fire Ins. Co., 880 F.2d 575, 576-77 (1st Cir. 1989) ________________________

(similar); see also Fed. R. Civ. P. 52(a). This standard makes ___ ____

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 ________

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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