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CAPE SHORE FISH CO. v. UNITED STATES

No. 120-59.

330 F.2d 961 (1964)

CAPE SHORE FISH CO., Inc., v. The UNITED STATES.

United States Court of Claims.

April 17, 1964.

Attorney(s) appearing for the Case

Francis P. Noonan, Washington, D. C., for plaintiff. Robert S. Caviness, Washington, D. C., was on the brief.

J. Mitchell Reese, Jr., 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, WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

PER CURIAM.

This case was referred pursuant to Rule 45 to Herbert N. Maletz, a trial commissioner of this court, with directions to make findings of fact and recommendation for conclusions of law. The commissioner has done so in a report filed January 24, 1963. Exceptions to the commissioner's report were taken by the plaintiff, briefs were filed by the parties and the case was submitted to the court on a waiver of oral argument by counsel. Since the court is in agreement...

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