SUN OIL CO. v. UNITED STATES

No. 806-71.

572 F.2d 786 (1978)

SUN OIL COMPANY, the Superior Oil Company and Marathon Oil Company v. The UNITED STATES.

United States Court of Claims.

February 22, 1978.


Attorney(s) appearing for the Case

Henry P. Sailer, Washington, D. C., for Sun Oil Co.; Theodore L. Garrett, Covington & Burling, Washington, D. C., of counsel.

Edgar H. Brenner, Washington, D. C., for The Superior Oil Co.; Abe Krash, James A. Dobkin, David Bonderman, Arnold & Porter, Washington, D. C., Willard B. Wagner, Jr., and R. W. Dye, Houston, Tex., of counsel.

Richard A. Baenen, Washington, D. C., for Marathon Oil Co.; Patricia L. Brown and Wilkinson, Cragun & Barker, Washington, D. C., of counsel.

Myles E. Flint, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for defendant; Andrew F. Walch, Washington, D. C., of counsel.

Before DAVIS, Judge, Presiding, KUNZIG and BENNETT, Judges.


OPINION

PER CURIAM:

This case comes before the court on plaintiffs' motion, filed November 7, 1977, moving that the court adopted, as the basis for its judgment in this case, the recommended decision of Trial Judge Thomas J. Lydon, filed July 15, 1977, pursuant to Rule 134(h), on liability, defendant having failed to file exceptions thereto within the time provided therefor and having by letter of November 1, 1977, informed the trial judge that it would...

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