JIM NICK NELMS, ET AL v. THE UNITED STATES
No. 295-74
United States Court of Claims
216 Ct. Cl. 447; 578 F.2d 1389; 1978 U.S. Ct. Cl. LEXIS 110

April 4, 1978

COUNSEL: [**1] John B. McMillan, attorney of record, for plaintiffs.  Manning, Fulton & Skinner, of counsel. Gary J. Fisher, with whom was Assistant Attorney General James W. Moorman, for defendant. 

OPINION:
[*447] 
Before DAVIS, Judge, Presiding, NICHOLS and KASHIWA, Judges. 
ORDER
This case comes before the court on defendant`s motion, filed January 25, 1978, requesting that the court adopt as the basis for its judgment in this case the recommended decision of Trial Judge C. Murray Bernhardt, filed October 4, 1977, pursuant to Rule 134(h), plaintiffs having filed no notice of intention to except or exception thereto and the time for so filing pursuant to the Rules of the court having expired.  Upon consideration thereof, without oral argument, since the court agrees with the trial judge`s recommended decision (except as to the sentence appearing in brackets at the end of footnote 6 on page 7 thereof), copies of which have been furnished to the parties, it hereby grants defendant`s motion filed January 25, 1978, and adopts the recommended decision (except as to the sentence referred to above) as the basis for its judgment in this case. 

IT IS THEREFORE CONCLUDED AND ORDERED [**2]  that plaintiffs are not entitled to recover and their petition is dismissed. 

BY THE COURT

Oscar H. Davis Judge, Presiding