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KING ENTERPRISES, INC. v. UNITED STATES

No. 114-66.

418 F.2d 511 (1969)

KING ENTERPRISES, INC. v. The UNITED STATES.

United States Court of Claims.

November 14, 1969.

Attorney(s) appearing for the Case

Thomas A. Caldwell, Jr., Chattanooga, Tenn., attorney of record for plaintiff. Stophel, Caldwell & Heggie, Chattanooga, Tenn., of counsel.

Norman J. Hoffman, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Johnnie M. Walters, for defendant. Philip R. Miller, Washington, D. C., and Joseph Kovner, Washington, D. C., of counsel.

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

OPINION

PER CURIAM:

This case was referred to Trial Commissioner C. Murray Bernhardt with directions to make findings of fact and recommendation for conclusions of law under the order of reference and Rule 57(a) [since September 1, 1969 Rule 134(h)]. The commissioner has done so in an opinion and report filed on May 27, 1969. On June 25, 1969 defendant filed its notice of intention to except which defendant has subsequently withdrawn. On October 1, 1969...

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