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Re: zipjet post# 130052

Wednesday, 11/02/2011 2:01:06 PM

Wednesday, November 02, 2011 2:01:06 PM

Post# of 257257
Re: PI standard of review

<<a Hail Mary pass IMO>>

What I want to research is whether this really means that the Court of Appeals cannot review any of the legal premises of the opinion de novo. As an example, what if the Court of Appeals disagrees with the reasoning of the lower court when it dismissed the argument based on the Bolar amendment (the district court reasoned that should not protect manufacturing). The language i quoted suggests even that would be reviewed under a clearly erroneous standard but I'm not completely convinced that is so.

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