Rudolf A. Bernatschke and Cathalene Crane Bernatschke v. The United States

OPINION

This case was referred to Trial Commissioner Herbert N. Maletz with directions to make findings of fact and recommendation for conclusions of law. The commissioner has done so in an opinion and report filed on January 20, 1966. On February 19, 1966, defendant filed a notice of intention to except. However, on June 6, 1966, defendant filed a motion to withdraw notice of intention to except to commissioner’s report to which, on June 9, 1966, plaintiffs filed a response stating, among other things, that on the basis of plaintiffs’ understanding that the case will be submitted to the court…