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BEARD v. UNITED STATES

No. 45552.

80 F.Supp. 1023 (1948)

BEARD v. UNITED STATES.

United States Court of Claims.

April 5, 1948.

WHITAKER, Judge.

Both plaintiff and defendant have filed motions for a new trial. Plaintiff's motion will be overruled for the reason set forth in our original opinion, Beard v. United States, 67 F.Supp. 963.

Defendant's motion complains of the dismissal of its counterclaim. It was dismissed for the want of proof. This was erroneous. The case was referred to the commissioner under Rules of the Court of Claims, rule 39...

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