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WILFONG v. UNITED STATES

No. 691-71.

480 F.2d 1326 (1973)

Jay F. WILFONG, d/b/a Wilfong Poultry Farms v. The UNITED STATES.

United States Court of Claims.

July 13, 1973.

Attorney(s) appearing for the Case

Marion Edwyn Harrison, Washington, D. C., attorney of record, for plaintiff. E. Murray Tate, Jr., and Tate, Weathers & Young, Hickory, N. C., of counsel.

J. Hank Meshorer, with whom was Asst. Atty. Gen. Wallace H. Johnson, for defendant.

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

OPINION

PER CURIAM:

This case comes before the court on defendant's motion, filed June 13, 1973, requesting that the court adopt the recommended decision of Trial Commissioner C. Murray Bernhardt, filed April 20, 1973, pursuant to Rule 134(h), as the basis for its judgment in this case since plaintiff has failed to file a notice of intention to except thereto and the time for so filing pursuant to the Rules of the court has expired. Upon consideration thereof...

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