Owens-Corning Fiberglas Corporation and Polytron Company, by and Through Walsh Construction Company v. The United States

ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DEFENDANT’S CROSS-MOTION FOR SUMMARY JUDGMENT

This case was referred to Trial Commissioner Louis Spector with directions to prepare and file an opinion on the issues of plaintiff’s motion for summary judgment and defendant’s cross-motion for summary judgment under the order of reference and Rule 99(c) [since September 1, 1969, Rule 166(c)]. The commissioner has done so in an opinion and report filed on April 21, 1969, wherein such facts as are necessary to the opinion are set forth. On November 4, 1969, defendant filed with the court defendant’s…