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KEARNS v. UNITED STATES

No. 165-65.

399 F.2d 226 (1968)

Tom J. KEARNS, Jr., Administrator of the Estate of Oscar Eugene Kearns, Deceased v. The UNITED STATES.

United States Court of Claims.

July 17, 1968.

Attorney(s) appearing for the Case

Thomas A. Frazier, Jr., Washington, D. C., attorney of record, for plaintiff; Ivins, Phillips & Barker, Washington, D. C., of counsel.

William C. Ballard, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Philip R. Miller and Joseph Kovner, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, 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 that 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 January 26, 1968. Exceptions to the commissioner's opinion, findings, and recommended conclusion of law were filed by plaintiff and the case has been submitted to the court on oral...

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