Crook

Crook v. Universal Songs of Polygram

Good Law
350 F. App'x 102
United States Court of Appeals for the Ninth CircuitJuly 31, 2009No. 07-16479California404 words

Opinion

Lead Opinion

MEMORANDUM **

General Crook appeals pro se from the district court’s judgment for defendant Universal Songs Polygram (“Universal Songs”) after a bench trial on Crook’s breach of contract claim. Crook also appeals from various orders of the district court, including denials of motions to recuse and for a jury trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Following a bench trial, we review findings of fact for clear error and conclusions of law de novo. Navajo Nation v. U.S. Forest Serv., 535 F.3d 1058, 1067 (9th Cir.2008) (en bane).

The district court’s factual findings undergirding its ruling that Universal Songs did not breach its contract with Crook are not clearly erroneous. There is evidence in the record that Crook signed a license agreement with Universal Song in 1977, and that Universal Songs sent royalty payments to Crook that complied with the terms of the 1977 agreement. See Husain v. Olympic Airways, 316 F.3d 829, 840 (9th Cir.2002) (“The district court, as the trier of fact in this matter, was in a superior position to appraise and weigh the *104 evidence, and its determination regarding the credibility of witnesses is entitled to special…

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