Fruehauf Corp. v. United States

This case comes before the court on defendant’s motion, filed September 28, 1978, under Rule 54(b)(3) (iii), moving that the court adopt the recommended decision of Trial Judge Lloyd Fletcher, filed May 31, 1978, under Rule 166(c), on plaintiffs motion and defendant’s cross-motion for summary judgment, as the basis for its *459judgment in this case since neither party has filed a request for review thereof-by the court and the time for so filing pursuant to the Rules of the Court has expired.

Upon consideration thereof, without oral argument, since the court agrees with the trial judge’s…