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WM. A. SMITH CONTRACTING COMPANY v. UNITED STATES

No. 102-67.

412 F.2d 1325 (1969)

WM. A. SMITH CONTRACTING COMPANY, Inc. and Brown & Root, Inc. v. The UNITED STATES.

United States Court of Claims.

July 16, 1969.

Attorney(s) appearing for the Case

Jerome T. Wolf, Kansas City, Mo., for plaintiff, Joseph J. Kelly, Jr., New York City, attorney of record, Howard F. Sachs, Kansas City, Mo., of counsel.

Edward J. Friedlander, Washington, D. C., with whom was Asst. Atty. Gen., William D. Ruckelshaus, Washington, D. C., for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

PER CURIAM:

This case was referred to Trial Commissioner Donald E. Lane* with directions to make recommendation for conclusions of law under the order of reference and Rule 99(c) on plaintiffs' motion and defendant's cross-motion for summary judgment. The commissioner has done so in an opinion and report filed on March 10, 1969, wherein such facts as are necessary to the opinion are stated. Plaintiffs have filed a request for review under...

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