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MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 40-63.

392 F.2d 592 (1968)

MISSOURI PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

March 15, 1968.

Attorney(s) appearing for the Case

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

Richard J. Boyle, 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 LARAMORE, DURFEE, DAVIS, 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 June 23, 1967. Plaintiff and defendant except in part to the commissioner's opinion and findings* and the case has been submitted to the court on oral...

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