FRANKLIN E. PENNY CO. v. UNITED STATES

No. 433-73.

524 F.2d 668 (1975)

FRANKLIN E. PENNY CO. v. The UNITED STATES.

United States Court of Claims.

October 22, 1975.


Attorney(s) appearing for the Case

Frederick D. Sarkis, Bryn Mawr, Pa., attorney of record, for plaintiff.

Alan L. Ferber, Washington, D. C., with whom was Asst. Atty. Gen. Rex E. Lee, for defendant.

Before COWEN, Chief Judge, and DAVIS and NICHOLS, Judges.


OPINION

PER CURIAM:

This case comes before the court on defendant's motion, filed June 12, 1975, pursuant to Rule 141(b) [but deemed to have been filed under Rule 54(b)(3)(iii)], requesting that the court adopt the recommenced decision of Trial Judge John P. Wiese*, filed April 28, 1975, pursuant to Rule 166(c) on plaintiff's motion and defendant's cross-motion for summary judgment, since plaintiff has failed to file a timely...

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