Grismac Corp. v. United States

This case is before the court on defendant’s exceptions to fact findings, conclusion of law, and proposed opinion filed by Trial Judge C. Murray Bernhardt in accordance with Rule 134(h). The facts found by the court are those stated in this opinion. It is unnecessary to pass on both parties’ exceptions to the trial judge’s fact findings, as they would not change the result if sustained. We differ with the trial judge’s legal conclusions, though we are greatly aided by his able analysis of the novel and interesting problem presented. We conclude that the action cannot be maintained and the…