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WESTERN AND SOUTHERN LIFE INS. CO. v. UNITED STATES

No. 442-52.

163 F.Supp. 827 (1958)

The WESTERN AND SOUTHERN LIFE INSURANCE COMPANY v. UNITED STATES.

United States Court of Claims.

July 16, 1958.

Attorney(s) appearing for the Case

Lawrence H. Kyte, Cincinnati, Ohio, for plaintiff. Thomas L. Conlan, Lucien Wulsin, Jr., and Alan R. Vogeler, Cincinnati, Ohio, were on the brief.

John A. Rees, Washington, D. C., for defendant, with whom was Asst. Atty. Gen. Charles K. Rice. James P. Garland, Washington, D. C., was on the brief.

PER CURIAM.

This case was referred by the court, pursuant to Rule 45(a), 28 U.S.C.A., to Mastin G. White, a trial commissioner of the court, with directions to make findings of fact and recommendations for conclusions of law. The trial commissioner has done so in a report filed May 5, 1958. Although the defendant did within 15 days of the filing of this report file a notice of intention to except to the trial commissioner's findings and recommendation, the defendant...

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