Carol D. Heers, Harold W. Heers, and Charles M. Heers, Trading as Heers Associates, a California Partnership v. The United States

This case was referred pursuant to Rule 37(e) to W. Ney Evans, a trial commissioner of this court, with directions to make his recommendation for conclusions of law on plaintiff’s and defendant’s motions for summary judgment. The commissioner has done so in an opinion filed September 27, 1963, wherein he recommended that plaintiff is not entitled as a matter of law to recover, that defendant’s motion for summary judgment be granted, that plaintiff’s motion for summary judgment be denied and that plaintiff’s petition be dismissed. The case was argued and submitted upon the granting by the…