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CITIZENS BANK & TRUST CO. v. UNITED STATES

No. 109-73.

580 F.2d 442 (1978)

CITIZENS BANK & TRUST COMPANY, Executor of the Estate of John D. MacArthur and Catherine T. MacArthur v. The UNITED STATES.

United States Court of Claims.

July 14, 1978.

Attorney(s) appearing for the Case

Laurence Goldfein, New York City, attorney of record, for plaintiffs; Richard A. Levine and Roberts & Holland, New York City, of counsel.

Allan C. Lewis, Washington, D.C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D.C., for defendant; Theodore D. Peyser, Jr., and Donald H. Olson, Washington, D.C., of counsel.

Before DAVIS, KUNZIG and BENNETT, Judges.

OPINION

PER CURIAM:

This case comes before the court on plaintiffs' motion, filed April 10, 1978, requesting that the court adopt the recommended decision of Trial Judge Philip R. Miller, filed October 5, 1977, pursuant to Rule 134(h), as the basis for its judgment in this case, defendant having withdrawn its previously filed notice of intention to except thereto. Upon consideration thereof, without oral argument, since the court agrees with the trial judge...

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