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MILLER v. UNITED STATES

No. 212-59.

331 F.2d 854 (1964)

H. N. MILLER et al. v. The UNITED STATES.

United States Court of Claims.

May 15, 1964.

Attorney(s) appearing for the Case

Morgan Hunter, Austin, Tex., for plaintiffs. Powell, Rauhut, McGinnis, Reavley & Lochridge, Austin, Tex., were on the briefs.

Joseph P. Spellman, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner, and Philip R. Miller, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

PER CURIAM.

This case was referred pursuant to Rule 45 (since April 1, 1964, Rule 57) to Wilson Cowen, a trial commissioner of this court, with directions to make findings of fact and recommendations for conclusions of law. The commissioner has done so in a report filed April 26, 1962. Exceptions to the commissioner's report and briefs were filed by both parties and the case was submitted to the court on oral argument of counsel. Plaintiff filed a post argument submission...

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