Crane

This is an appeal by the Denunzio Corporation from a judgment dismissing its action as to Crane and Kazanjian. See opinion of lower court reported in 89 F.Supp. 962 .

After entry of the judgment directed by Judge O’Connor, 79 F.Supp. 117 , Crane moved for a new trial. Judge O’Connor died before this motion could be heard by him and it was subsequently heard and determined by Judge Carter, 89 F.Supp. 962 .

Upon the hearing on Crane’s motion for a new trial Judge Carter entered a judgment awarding a new trial and ordered therein that the findings of fact, conclusions of law and judgment previously made and entered by Judge O’Connor be vacated and set aside. The judgment also recited that since no new evidence is involved further proceedings on the new trial were unnecessary in view of reconsideration by Judge Carter of all of the issues of fact and law adduced at the trial ’before Judge O’Connor. Judge Carter thereupon made new findings of fact which were identical with those previously made by Judge O’Connor but new and different conclusions of law based upon these facts were made and entered by Judge Carter, this for the reason that Judge Carter was persuaded that the…