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 August 17, 1970. On September 18, 1970, the court granted a joint motion to consolidate this case and No. 392-67 (Humble Oil & Refining Company v. United States, Ct.Cl.,
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