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MUSTARD v. UNITED STATES

No. 341-52.

155 F.Supp. 325 (1957)

John A. MUSTARD, Executor of the Estate of Andrew C. Hebble, Deceased, v. The UNITED STATES.

United States Court of Claims.

October 9, 1957.

Attorney(s) appearing for the Case

Allen H. Gardner, Washington, D. C., for plaintiff. Mustard, Clagett & Everett, Battle Creek, Mich., and Morris, Pearce, Gardner & Pratt, Washington, D. C., were on the briefs.

James P. Garland and Herbert S. Fessenden, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

PER CURIAM.

This case was referred by the court, pursuant to Rule 45(c), 28 U.S.C.A., to Mastin G. White, a commissioner of the court, with directions to make findings of fact and recommendations for conclusions of law. The commissioner has done so in a report filed August 8, 1957. When more than 15 days elapsed after the filing of this report and neither party gave notice in writing of an intention to except to the commissioner...

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