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MICHTOM v. UNITED STATES

No. 253-76.

573 F.2d 58 (1978)

Benjamin F. MICHTOM and Hadassah Feil Michtom v. The UNITED STATES.

United States Court of Claims.

March 22, 1978.

Attorney(s) appearing for the Case

Johnnie M. Walters, Washington, D.C., attorney of record, for plaintiff. Hunton & Williams, Washington, D.C., Ross Arnold, and Arnold & Cate, Atlanta, Ga., of counsel.

Joan Seitz Pate, 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, KASHIWA and KUNZIG, Judges.

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge.

This case is before the court on cross motions for summary judgment. The parties have submitted a partial stipulation of facts. The question presented is the proper characterization to be given two losses incurred by the plaintiffs in 1970 and 1974 as a result of entering into a subordination agreement with Hayden Stone Incorporated (hereinafter referred...

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