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HEATER v. UNITED STATES

No. 49980.

151 F.Supp. 753 (1957)

Maria Dolores Mooers HEATER and Claude L. Heater v. The UNITED STATES.

United States Court of Claims.

June 5, 1957.

Attorney(s) appearing for the Case

Carl L. Bauersfeld, Washington, D. C., Robert Ash, Washington, D. C., Whitfield J. Collins, Gillis A. Johnson, Ira Butler, Cantey, Hanger, Johnson, Scarborough & Gooch, Ft. Worth, Tex., on the briefs, for plaintiffs.

Elizabeth B. Davis, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., Andrew F. Oehmann and James P. Garland, 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.1 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petition and the conclusion of law be and the same hereby are vacated, the former opinion of March 6, 1957 is withdrawn, and the following opinion and appropriate conclusion of law are substituted therefor.

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