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Senator Edward Kennedy — Part 26
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the crimes committed by them,is no substitute for failure to
follow Rule 52 findings of fact and conclusions of law,court
must make these findings following procedurals,if ruling on
motion for a preliminary injunction.Bootman's First National
Bank of Kansas City vs.Kansas Public Employees Retirement Sys-:
tem,57 F 3d 683(8th Ccir.1995).
4.Failure To Make Findings: The Appellate Court may vacate
and remand if trial court's findings of fact are insufficie-
nt.Hatahley vs.United States, 351 US 173,76 S Ct 745,100 L Ed
1965(.1956),or the Appellate Court may direct the judge to or-
der a new trial,Andre vs.Bendix Corp.,774 F 2d 774 at 781
(7th Cir.1985),or decide the appeal on the record,if possible
Consolidated Aluminum Corp.vs.Foseco Intern,Ltd., 910 F 2d
804 at 814(Fed.Cir.1990),here,the only record,Appellant's
evidence of Appellees Guilt,and the Impeachment order by tr-
ial judge,Stiehl.
5-FORM: The findings of fact may be either on a separate
document or included in the opinion,or orally on the record,
However,here no findings of fact or conclusions of law were
made by judge,therefore,on appeal what findings control over
any contradictory factual statement in the opinion.Snow Mac~—
hines,Inc.vs.American Cay Lesbian and Bisexual Group of Bos-
ton, _US,__,115 S Ct 714,130 L Ed 2a 621(1995).The Trial
judge cannot bypass its obligation to make findings of fact.
6-INFERENCES: Inferences from the evidence are reviewed un-
der the same standard as any factual findings.United States
vs.United States Gypsum, 333 US 364,68 S Ct 525,92 L Ed 746
-14=
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