Somers Coal Co. v. United States

WILKIN, District Judge.

After the filing of the opinion overruling the motion for summary judgment and sustaining the motion to dismiss, counsel for defendant submitted findings of fact and conclusions of law, and counsel for plaintiff filed objections to defendant’s proposed findings of fact and conclusions of law and submitted substitutes. The court declines to approve either set of proposed findings and declines to make findings of fact. Since the case was submitted upon the motions, pleadings, and stipulation of *533facts, it cannot be said that the case was “tried upon the facts”, and the…