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CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO. v. UNITED STATES

No. 553-58.

404 F.2d 960 (1968)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

December 13, 1968.

Attorney(s) appearing for the Case

Gerald J. O'Rourke, Jr., Washington, D. C., for plaintiff, Robert T. Molloy, Washington, D. C., attorney of record, Robert E. Simpson, Washington, D. C., of counsel.

Knox Bemis, Washington, D. C., with whom was Asst. Atty. Gen., Mitchell Rogovin, for defendant, Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

OPINION

PER CURIAM:

This case was referred to Chief Trial Commissioner Marion T. Bennett, with directions to make findings of fact and recommendation for conclusions of law under the order of reference and Rule 57 (a). The commissioner has done so in an opinion and report filed on March 28, 1968. Each of the parties has excepted to the opinion, findings and recommendations of the trial commissioner in certain respects.* The case...

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