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ABARR v. UNITED STATES

Nos. 40-56, 41-56, 42-56, 221-56, 249-56.

153 F.Supp. 387 (1957)

Earl Lewis ABARR et al. v. The UNITED STATES. Louis HAIMONWITZ et al. v. The UNITED STATES. William Thomas PRENDABLE et al. v. The UNITED STATES. Benjamin Franklin ABERCROMBIE et al. v. The UNITED STATES. Lyle Holcomb ARMSTRONG et al. v. The UNITED STATES.

United States Court of Claims.

July 12, 1957.

Attorney(s) appearing for the Case

Fred W. Shields, Washington, D. C., for plaintiffs. Thomas M. Gittings, Jr., Washington, D. C., was on the brief.

Kendall M. Barnes, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

PER CURIAM.

The Government bases its motion to dismiss the plaintiffs' petitions in these five cases on the ground, that this court's decision in Hulse v. United States, 137 F.Supp. 745, 133 Ct.Cl. 848, certiorari denied 353 U.S. 916, 77 S.Ct. 663, 1 L.Ed.2d 663, denied recovery in a case involving the same kind of claim which these plaintiffs present.

The plaintiffs recognize that the Hulse decision is contrary to their...

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