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ROBERTS v. UNITED STATES

No. 58-53.

151 F.Supp. 749 (1957)

Wesley K. ROBERTS and The Bank of California, N. A., Executors of the Estate of William Roberts, Deceased, v. The UNITED STATES.

United States Court of Claims.

June 5, 1957.

Attorney(s) appearing for the Case

Frank L. Mechem, Seattle, Wash., George F. Kachlein, Jr., and Bogle, Bogle & Gates, Seattle, Wash., on the briefs, for plaintiffs.

Elizabeth B. Davis, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe, Ellis N. Slack, and Leland T. Atherton, Washington, D. C., on the briefs, for defendant.

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

WHITAKER, Judge.

This case is before the court on plaintiffs' motion for rehearing. Upon consideration thereof, it is ordered that the former judgment dismissing plaintiffs' petition and the conclusion of law be and the same hereby are vacated, and the former opinion and dissenting opinion by Judge Madden of March 6, 1957 are withdrawn, and the following opinion and the resultant conclusion of law are substituted therefor.

Plaintiffs are the executors of the...

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