Does a district judge have adopted findings from Puget Sound to the extent of their applicability?

Although the district judge stated that he 'adopted' the findings from Puget Sound to the extent of their applicability, we have carefully examined the record, including the findings in both cases, and conclude that this was not the type of 'adoption' that requires reversal. It is true that the facts found in one case are not evidence of those same facts in another case. Mackay v. Easton, 86 U.S. (19 Wall.) 619, 632, 22 L.Ed. 211 (1873). Here they were not used as evidence. In Ball v. Paramount Pictures, Inc., 67 F.Supp. 1, 5 (W.D.Pa.1946), rev'd on other grounds, 169 F.2d 317 (3d Cir. 1948), counsel attempted to use the facts found in one case as evidence in another. In the instant case no such attempt was made. The trial judge had before him much of the evidence that was introduced in Puget Sound. The record indicates that he made his own decision and did not abdicate his judicial responsibility. We find no grounds for reversal in his statement that he 'adopted' the findings of the earlier case when it appears he meant that he agreed with them.

Affirmed.