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NATIONAL BANK OF NORTH AMERICA v. UNITED STATES

No. 297-69.

456 F.2d 754 (1972)

NATIONAL BANK OF NORTH AMERICA v. The UNITED STATES.

United States Court of Claims.

March 17, 1972.

Attorney(s) appearing for the Case

Anthony J. D'Auria, New York City, attorney of record, for plaintiff. Joseph DiBenedetto and Cole & Deitz, New York City, of counsel.

Judith Ann Yannello, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, and DAVIS, COLLINS, SKELTON, NICHOLS, KASHIWA, and KUNZIG, 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 134(h). The commissioner has done so in an opinion and report filed on November 22, 1971. On December 20, 1971, plaintiff filed a notice of intention to except to the commissioner's report but on January 28, 1972, plaintiff filed a withdrawal of such...

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