Is a finding in a mixed question of law and fact a "clearly erroneous" standard of review?
MultiRegion, United States of America
The following excerpt is from Mata v. Sumner, 696 F.2d 1244 (9th Cir. 1983):
The district court's findings were on a mixed question of law and fact. Mata II, 102 S.Ct. at 1306. As such, they are entitled to deference on our part. At the moment, we apply a "clearly erroneous" standard of review to a district court's finding in a mixed question of law and fact. Maxwell v. Sumner, 673 F.2d 1031, 1035-36 & n. 5 (9th Cir.1982).
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