M. G. STOLLER, Magdalene Stoller, Kenneth M. Stoller and Ellsworth J. Stoller v. the UNITED STATES

This case was referred pursuant to Rule 45 to Wilson Cowen, a trial commissioner of this court, with directions to make findings of fact and recommendation for conclusions of law. The commissioner has done so in a report filed April 23, 1963. Plaintiffs failed to file a notice of intention to except to the commissioner’s findings or recommendation within the time provided for doing so pursuant to Rule 46(a). On May 22, 1963, defendant filed a motion to adopt the commissioner’s report, to which plaintiffs have also failed to file a response, the time for so doing pursuant to the Rules of the…