440 F.2d 414: Fort Worth Refining Company v. the United States
United States Court of Claims. - 440 F.2d 414
June 11, 1971
John C. Nabors, Houston, Tex., for plaintiff. W. Robert Brown, Houston, Tex., attorney of record. Liddell, Sapp, Zively & Brown, Houston, Tex., of counsel.
Russell W. Koskinen, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.
Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.
PER CURIAM:
This case was referred to Trial Commissioner Mastin G. White with directions to make findings of fact and recommendations 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 December 10, 1971. Plaintiff filed exceptions to certain of the commissioner's findings of fact as to the damages issue which would result in an increase in the award, but otherwise requested that the court adopt his opinion, findings and recommended conclusion as the basis for its judgment in the case. Defendant filed exceptions to certain findings of fact and urged that the court dismiss plaintiff's petition. The case has been submitted to the court on oral argument of counsel and the briefs of the parties. Since the court agrees with the opinion, findings of fact and recommended conclusion of law of the trial commissioner, as hereinafter set forth, it hereby adopts the same as the basis for its judgment in this case.* Therefore, plaintiff is entitled to recover and judgment is entered for plaintiff in the sum of $77,655.21.
