ELLICOTT MACH. CORP. v. UNITED STATES & AMERICAN M. & M. CO.

No. 196-66.

405 F.2d 1385 (1969)

ELLICOTT MACHINE CORPORATION v. The UNITED STATES and AMERICAN MARINE AND MACHINERY COMPANY, INC., Third-Party Defendant.

United States Court of Claims.

January 24, 1969.


Attorney(s) appearing for the Case

Donald W. Farrington, Cleveland, Ohio, for plaintiff, William T. Estabrook, Washington, D. C., attorney of record, Charles B. Gordon, Cleveland, Ohio, of counsel.

Joseph A. Hill, Arlington, Va., with whom was Asst. Atty. Gen., Edwin L. Weisl, Jr., for defendant, Earl G. Thomas, Alexandria, Va., of counsel.

Stephen D. Potts, Washington, D. C., attorney of record for third-party defendant, Shaw, Pittman, Potts, Trowbridge & Madden, Washington, D. C., and Harrington A. Lackey, Nashville, Tenn., of counsel.

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


OPINION

PER CURIAM:

This case was referred to Trial Commissioner James F. Davis 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 March 11, 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 argument of...

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