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KINGSBURY v. UNITED STATES

No. 245-74.

563 F.2d 1019 (1977)

Bernerd C. KINGSBURY, Jr. v. The UNITED STATES.

United States Court of Claims.

October 19, 1977.

Attorney(s) appearing for the Case

Jesse D. Miller, Los Angeles, Cal., attorney of record, for plaintiff; Miller & Mandel, Los Angeles, Cal., of counsel.

James L. Malone, III, Washington, D.C., with whom was Acting Asst. Atty. Gen. Myron C. Baum, Washington, D.C., for defendant; Theodore D. Peyser, Washington, D.C., of counsel.

Before DAVIS, NICHOLS and KASHIWA, Judges.

OPINION

PER CURIAM:

This case comes before the court on defendant's motion, filed June 17, 1977, requesting that the court adopt, as the basis for its judgment in this case, the recommended decision of Trial Judge David Schwartz, filed April 25, 1977, pursuant to Rule 134(h), plaintiff having filed no intention to except thereto and the time for so filing pursuant to the Rules of the court having expired. Upon consideration thereof, without oral argument...

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