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BAKERTOWN COAL COMPANY, INC. v. UNITED STATES

No. 53-69.

485 F.2d 633 (1973)

BAKERTOWN COAL COMPANY, INC., et al. v. The UNITED STATES.

United States Court of Claims.

October 17, 1973.

Attorney(s) appearing for the Case

LeRoy Katz, attorney of record, for plaintiffs; Richard L. Hirshberg, Washington, D. C., of counsel.

Charles A. Auslander, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Fred B. Ugast, for defendant; Joseph Kovner, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.

OPINION

PER CURIAM:

This case comes before the court on defendant's exceptions to a recommended decision filed January 13, 1972, by Trial Judge George Willi. The court has considered the case on the briefs and oral argument of counsel. Since the court agrees with the decision with certain modifications, it hereby affirms and adopts the same as the basis for its judgment in this case.*

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