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ROTHGERY v. UNITED STATES

No. 63-69.

475 F.2d 591 (1973)

Hal Joseph ROTHGERY, Executor of the Estate of Bernard Anthony Rothgery, Deceased, v. The UNITED STATES.

United States Court of Claims.

March 16, 1973.

Attorney(s) appearing for the Case

Harlan Pomeroy, Cleveland, Ohio, attorney of record, for plaintiff. Baker, Hostetler & Patterson, Cleveland, Ohio, of counsel.

Jane C. Bergner, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant. Theodore D. Peyser, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.

OPINION

PER CURIAM:

This case was referred to Trial Commissioner Mastin G. White 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 May 8, 1972. Exceptions to the commissioner's opinion, findings of fact and recommended conclusion of law were filed by plaintiff, and defendant requested that the court adopt the commissioner...

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