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WIDNER v. UNITED STATES

No. 153-74.

556 F.2d 526 (1977)

Harry WIDNER v. The UNITED STATES.

United States Court of Claims.

May 18, 1977.

Attorney(s) appearing for the Case

Robert Sellers Smith, Huntsville, Ala., attorney of record, for plaintiff; Smith, Huckaby & Graves, Huntsville, Ala., of counsel.

LeRoy Southmayd, Jr., Washington, D.C., with whom was Acting Asst. Atty. Gen., Irving Jaffe, Washington, D.C., for defendant.

Before DAVIS, Judge, SKELTON, Senior Judge, and BENNETT, Judge.

OPINION

PER CURIAM:

This case comes before the court on defendant's motion, filed January 25, 1977, for judgment pursuant to Rule 141(b), moving that the court adopt as the basis for its judgment in this case the recommended decision of Trial Judge Harry E. Wood, filed November 23, 1976, pursuant to Rule 134(h), 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...

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