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Senator Edward Kennedy — Part 26
Page 132
132 / 147
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exceeded the scope of all jurisdiction under Article III of
the Constitution,and contrary to 28 USC § § 453 and 455 et seq.
Rule 52(a) trial judge shall explicitly state findings of far
ct and Conclusions of Law upon which the judgment,order is ba-
sed.The requirement that judge make findings of fact and con-
clusions of law is "Mandatory," and the findings M-U-S-T be
sufficient to indicate the factual basis for the ultimate co-
nelusion, Liddell vs-Board of Education of the City of St-Lo-
uis, 20 F 3d 326(8th Cir.1994),the judge need not address all
the evidence,but must address the ultimate evidence,which were
knowingly bypassed herein.Leaque of United Latin American Cit-
izens,Council No.4424 vs.Clements, 986 F 2a 728(5th cir.1993).
3.Proceedings covered by rule: Rule 52 requires findings of
fact and conclusions of Law in trials with. advisory juries,
Transmatic Inc.vs-.Fulton Industries,Inc., 53 F 3d 1270(Fed.
Cir.1995),On the cation of Appellant's Complaint(S) Demanded
Trial by Jury,as of Constitutional right under Seventh Amen-~
dment and Rule 38 Fed.R.Civ.P.,That form of demand were cle-
arly set forth as required by the Rule,Early vs-Bankers Life
and Casualty Co., 853 F Supp.268(N.D-ILL.1994),Rule 52 also
applies to motions for summary judgments under Rule 56,motio-—
ns under Rule 12(b), see e.g.,Souza vs-Paina, 53 F 3d 423(1st
Cir.1995),also as to dismiss,to include the independent use
of the Rule Sua Sponte by trial judge.No excuse can be made
by judge's deliberate failure to follow the Rules,as requir-
ed by all other parties,here a "Rush To Judgment" by judge,
Stiehl attempting to block Appellees answering to the Compl-
-13-
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