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DISABLED AMERICAN VETERANS v. UNITED STATES

No. 360-76.

650 F.2d 1178 (1981)

DISABLED AMERICAN VETERANS v. The UNITED STATES.

United States Court of Claims.

May 20, 1981.

Attorney(s) appearing for the Case

Bart A. Brown, Jr., Cincinnati, Ohio, attorney of record, for plaintiff. Brown & Gardner Co., L.P.A., Cincinnati, Ohio, of counsel.

William C. Rapp, Washington, D. C., with whom was Acting Asst. Atty. Gen. John F. Murray, Washington, D. C., for defendant. Theodore D. Peyser and Robert S. Watkins, Washington, D. C., of counsel.

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

OPINION

PER CURIAM:

This case is before the court on review of the report of Trial Judge James F. Merow. Because we disagree with that portion of the report dealing with whether a satisfactory refund claim was filed relating to a deduction for the cost of the names list, we reverse the trial judge on that point. We are in agreement with the remainder of the report and, accordingly, we adopt the modified report as an opinion of this court.

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