The Special Master's findings were approved by both the District Court and this Court. In re Vernon Hills, Inc., 348 F.2d 4 (7th Cir. 1965).
His Report and Recommendations (submitted May 25, 1964), upon which Hogan now relies, was affirmed and approved in its entirety by the district court. In the Matter of Vernon Hills, Inc., No. 62 B 9719 (N.D.Ill. 1964), and affirmed on appeal, 348 F.2d 4 (7th Cir. 1965). Hogan relies in particular upon ΒΆ 9 of Part I of the special master's report:
Defendants' burden on the reformation question is a heavy one. Defendants must establish by clear and convincing evidence that the instrument does not express the intent of the parties.In re Vernon Hills, Inc., 348 F.2d 4, 9 (7th Cir. 1965). See also Aetna Insurance Co. v. Paddock, 301 F.2d 807 (5th Cir. 1962); Timber Investors, Inc. v. United States, 587 F.2d 472 (Ct.Cl. 1978).