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KILGORE CORP. v. U. S.

Nos. 219-72, 220-72 and 410-73.

613 F.2d 279 (1979)

KILGORE CORPORATION v. The UNITED STATES.

United States Court of Claims.

As Corrected and Amended January 25, 1980.

Attorney(s) appearing for the Case

Robert B. Yorty, Washington, D. C., attorney of record, for plaintiff. Lowell J. Bradford, Gordon W. Hatheway, Jr., and Richard O. Duvall, Washington, D. C., of counsel.

David S. Eisenberg, Washington, D. C., with whom was Acting Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Gerald D. Freed, Washington, D. C., of counsel.

Before SKELTON, Senior Judge, KASHIWA and BENNETT, Judges.

OPINION

PER CURIAM:

This case comes before the court on the parties' exceptions to the recommended decision of Trial Judge David Schwartz, filed September 26, 1978, pursuant to Rule 134(h), having been submitted to the court on the briefs and oral argument of counsel. Since the court agrees with the trial judge's recommended decision and conclusion of law, as modified by the court, as hereinafter set forth,

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