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FIDELITY & CASUALTY CO. OF NEW YORK v. UNITED STATES

No. 329-69.

490 F.2d 960 (1974)

The FIDELITY & CASUALTY COMPANY OF NEW YORK v. The UNITED STATES.

United States Court of Claims.

January 23, 1974.

Attorney(s) appearing for the Case

Thomas M. Gittings, Jr., Washington, D. C., attorney of record, for plaintiff. John B. Harris, Jr., Macon, Ga., of counsel.

Robert H. McKnight, Jr., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant. Gilbert E. Andrews and Joseph Kovner, Washington, D. C., of counsel.

Before NICHOLS, KASHIWA, and KUNZIG, Judges.

OPINION

PER CURIAM:

This case comes before the court on plaintiff's exceptions to a recommended decision filed February 22, 1973, by Trial Judge Thomas J. Lydon pursuant to Rule 134(h). The court has considered the case on the briefs and oral argument of counsel. Since the court agrees with the decision, as hereinafter set forth,* it hereby adopts the same as the basis for its judgment in this case. Therefore, plaintiff is not...

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