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KENNECOTT COPPER CORPORATION v. UNITED STATES

No. 493-59.

347 F.2d 275 (1965)

KENNECOTT COPPER CORPORATION v. The UNITED STATES.

United States Court of Claims.

June 11, 1965.

Attorney(s) appearing for the Case

Norris Darrell, New York City, for plaintiff, M. Bernard Aidinoff, Jerome K. Walsh, Jr., and Sullivan & Cromwell, New York City, of counsel.

Gilbert W. Rubloff, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant, Lyle M. Turner, Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.

PER CURIAM:

This case was referred pursuant to Rule 45(a), now Rule 57(a), to Trial Commissioner W. Ney Evans, with directions to make findings of fact and recommendation for a conclusion of law. The commissioner has done so in an opinion and report filed on August 2, 1963. Plaintiff requested the court to adopt the commissioner's report in its entirety, the defendant requested the court to adopt the findings of fact with one exception and excepted to the recommended...

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