Harley Marine Financing, LLC v. Tug Construction, LLC
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Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiary support for it in the trial record
QUESTION PRESENTED Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiary support for it in the trial record by affirming the trial court’s finding that Harley Marine Financing, LLC breached the subject bareboat charter agreements by failing to return the chartered vessels in the same condition as they were upon delivery, less ordinary wear and tear, even though there was no evidence establishing the conditions of the Vessels upon their delivery?