Gray v. United States

The commissioner of the court, William E. Day, heard this case on the merits and has submitted a report of the facts and recommendation for conclusion of law, in which he recommends that pursuant to Eule 49 (c), the plaintiff’s *313petition be dismissed on authority of Tabbutt, et al. v. United States, 121 C. Cls. 495.

Upon consideration of the case the court adopts and approves the findings and recommendation of the commissioner as the findings and conclusion of the court.

The facts in this case are to be distinguished from the facts in Schaible, et al. v. United States, 135 C. Cls. 890. The…