Ten-O-Win Amusement Co. v. Casino Theatre

The question for decision is as to the application of Rule 63, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in a case where the judge who presided at the trial died before findings were filed.

Proposed findings of fact and conclusions of law and judgment in favor of plaintiffs and against defendant Donahue have been presented to me for approval.

The case was tried against defendants Markowitz and Donahue by Judge HAROLD LOUDERBACK, who on September 12, 1941, directed the entry of judgment for plaintiffs against the estate of P. H. Markowitz, deceased, acting through Louise Markowitz, executrix. The judgment, signed and filed by the judge, was based upon the facts and the written stipulation of counsel.

On October 25, 1941, Judge LOUDER-BACK orally directed the entry of the following minute order as to defendant Donahue: “This case having been submitted and fully considered, it is Ordered that upon the filing of approved findings of fact and conclusions of law, judgment be entered for the plaintiffs against the defendant C. H. Donahue, finding that the design patent herein involved is infringed by the defendants, and that the defendant C. H. Donahue has…