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FRAASS SURGICAL MFG. CO., INC. v. U. S.

No. 343-73.

571 F.2d 34 (1978)

FRAASS SURGICAL MFG. CO., INC. v. The UNITED STATES.

United States Court of Claims.

February 22, 1978.

Attorney(s) appearing for the Case

Jacob H. Fischman, Forest Hills, N.Y., attorney of record, for plaintiff. Norman Jacobson, Bayside, N. Y., of counsel.

Gerald L. Schrader, Washington, D. C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D. C., for defendant.

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

OPINION

PER CURIAM:

This case comes before the court on defendant's motion, filed November 10, 1977, under Rule 141(b), moving that the court adopt, as the basis for its judgment in this case, the recommended decision of Trial Judge David Schwartz, filed September 30, 1977, pursuant to Rule 134(h), plaintiff having failed to file a notice of intention to except or exceptions thereto and the time for so filing pursuant to the Rules of the court having expired...

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