Schweigert, Inc. v. The United States

This case was referred to Trial Commissioner Richard Arens with directions to make recommendation for conclusions of law on plaintiff’s motion and defendant’s cross-motion for summary judgment. The commissioner has done so in an opinion and report filed on May 18, 1967. Defendant has filed a request for review of the commissioner’s report and recommendation and the case has been submitted to the court on oral argument of counsel and the briefs of the parties.

In its request for review of the commissioner’s report defendant makes a new argument with which the commissioner did not have an…