Elden v. United States

This case comes before the court on exceptions by the parties to the recommended decision of Senior Trial Judge Mastin G. White, filed May 21, 1979, *241pursuant to Rule 134(h), having been submitted and considered on the briefs and oral argument of counsel.

Defendant’s sole exception to the trial judge’s report is denied. As explained in defendant’s brief, it is concerned that the court at trial refused a "directed verdict” and insisted on receiving evidence that the flooding of plaintiffs leasehold was "necessary.” Evidence was readily provided and the ultimate decision was in defendant’s favor.…