Franklin E. Penny Co. v. United States

PeR Curiam : This case comes before the court on defendant’s motion, filed June 12, 1975, pursuant to Rule 141(b) [but deemed to have been filed under Rule 54(b) (iii)], requesting that the court adopt the recommended decision of Trial Judge John P. Wiese*, filed April 28, 1975, pursuant to Rule 166(c) on plaintiff’s motion and defendant’s cross-motion for summary judgment, since plaintiff has failed to file a timely request for review by the court of the trial judge’s recommended decision. Upon consideration thereof, without oral argument, since the court agrees with the trial judge’s…