PER CURIAM.
This case was referred by the court, pursuant to Rule 45(a), 28 U.S.C.A., to S. R. Gamer, a trial commissioner of the court, with directions to make findings of fact and recommendations for conclusions of law. The commissioner has done so in a report filed May 28, 1959. When more than the specified time elapsed after the filing of this report and neither party gave notice in writing of an intention to except to it, defendant filed a motion for judgment...
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