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BOYD CONSTRUCTION COMPANY v. UNITED STATES

No. 454-59.

339 F.2d 620 (1964)

BOYD CONSTRUCTION COMPANY, Inc. v. The UNITED STATES.

United States Court of Claims.

December 11, 1964.

Attorney(s) appearing for the Case

John E. McClure, Washington, D. C., for plaintiff. John P. McClure, Washington, D. C., on the briefs.

Robert Livingston, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Edward S. Smith, Lyle M. Turner, Philip R. Miller, Earl L. Huntington and C. Moxley Featherston, Washington, D. C., were on the briefs.

Before COWEN, Chief Judge, LARAMORE, DAVIS and COLLINS, Judges, and WHITAKER, Senior Judge.

PER CURIAM.

This case was referred pursuant to Rule 57(a) (which, prior to April 1, 1964, was Rule 45) to C. Murray Bernhardt, a trial commissioner of this court, with directions to make findings of fact and recommendations for conclusion of law. The commissioner has done so in a report filed June 3, 1963. Briefs were filed by both parties, exceptions to the commissioner's report were taken by both parties, and the case was submitted to the court on oral argument...

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