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CATAPHOTE CORP. OF MISSISSIPPI v. UNITED STATES

No. 103-73.

535 F.2d 1225 (1976)

CATAPHOTE CORPORATION OF MISSISSIPPI v. The UNITED STATES.

United States Court of Claims.

May 12, 1976.

Attorney(s) appearing for the Case

Jack Rephan, Washington, D. C., atty. of record, for plaintiff; David J. Harris, Harry L. Hickson, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., and Danzansky, Dickey, Tydings, Quint & Gordon, Washington, D. C., of counsel.

William Kalish, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, Washington, D. C., for defendant; Theodore D. Peyser, Jr., Washington, D. C., of counsel.

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

OPINION

PER CURIAM:

This case comes before the court on defendant's motion, filed February 4, 1976, for judgment, moving that the court adopt, as the basis for its judgment in this case the recommended decision of Trial Judge Philip R. Miller, filed October 9, 1975, pursuant to Rule 134(h), defendant having filed no notice of intention to except thereto and plaintiff, on January 30, 1976, having withdrawn its previously filed notice of intention to except...

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