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ROBERTS DAIRY CO. v. UNITED STATES

No. 257-69.

530 F.2d 1342 (1976)

ROBERTS DAIRY COMPANY et al. v. The UNITED STATES, v. MILTON G. WALDBAUM CO., and Marshall Foods, Inc. (formerly Marshall Produce Co.), et al., Third-Party Defendants.

United States Court of Claims.

January 28, 1976.

Attorney(s) appearing for the Case

Richard A. Huettner, New York City, for plaintiff. Francis T. Carr, New York City, atty. of record. Kenyon & Kenyon Reilly Carr & Chapin, New York City, of counsel.

D. C. Bradford, III, Omaha, Neb., atty. of record, for the third parties, Milton G. Waldbaum Co. and Marshall Foods, Inc. (formerly Marshall Produce Co.). Bradford & Bloch, Omaha, Neb., of counsel.

Michael W. Werth, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant.

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

OPINION

PER CURIAM:

This case comes before the court on plaintiffs' exceptions to the recommended decision filed May 29, 1974, by Trial Judge Joseph V. Colaianni, pursuant to Rule 134(h), having been submitted to the court on the briefs and oral argument of counsel. Upon consideration thereof, since the court agrees with the recommended decision, as hereinafter set forth*, it hereby affirms and adopts the same as the basis for...

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