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A. P. SMITH MANUFACTURING COMPANY v. UNITED STATES

No. 203-61.

364 F.2d 831 (1966)

The A. P. SMITH MANUFACTURING COMPANY v. The UNITED STATES.

United States Court of Claims.

July 15, 1966.

Attorney(s) appearing for the Case

Robert P. Weil, New York City, attorney of record, for plaintiff.

William C. Ballard, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Richard M. Roberts, Lyle M. Turner and Philip R. Miller, Washington, D. C., of counsel.

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

OPINION

PER CURIAM.

This case was referred to Trial Commissioner W. Ney Evans with directions to make findings of fact and recommendation for conclusions of law. The commissioner has done so in an opinion and report filed on March 19, 1965. Exceptions to the commissioner's report and opinion were filed by plaintiff, briefs were filed by the parties and the case was submitted to the court on oral argument of counsel. Since the court is in agreement with the...

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