Kilgore Corp. v. United States

PER CURIAM: This case comes before the court on the parties’ exceptions to the recommended decision of Trial Judge David Schwartz, filed September 26, 1978, pursuant to Rule 134(h), having been submitted to the court on the briefs and oral argument of counsel. Since the court agrees *193with the trial judge’s recommended decision and conclusion of law, as modified by the court, as hereinafter set forth,* it hereby affirms and adopts the same, as modified, as the basis for its judgment in this case.

OPINION OF TRIAL JUDGE

SCHWARTZ, Trial Judge:

This proceeding is brought to determine whether profits…