Aero Mayflower Transit Co. v. United States

This case was referred pursuant to Rule 37(e) to Saul Richard Gamer, a trial commissioner of this court, with directions to make his recommendation for conclusions of law on plaintiffs’ motion and defendant’s cross-motion for summary judgment. The commissioner has done so in an opinion filed March 4, 1963, wherein he recommended that plaintiffs’ motion for summary judgment be granted, with the amounts of their recoveries to be determined pursuant to Rule 38(c), and defendant’s cross-motion for summary judgment be denied. It appears to the court that plaintiffs have failed to file a request…