Maki, Plaintiff-appellant, v. the United States, Defendant-appellee, 889 F.2d 1099 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 889 F.2d 1099 (Fed. Cir. 1989) Oct. 2, 1989

Before FRIEDMAN, Circuit Judge, BALDWIN, Senior Circuit Judge, and MAYER, Circuit Judge.

BALDWIN, Senior Circuit Judge.


DECISION

Maki (petitioner) appeals an order by the United States Claims Court, Case No. 288-85C, denying its motion for retrial. We affirm.

OPINION

We find Maki's allegations of fraud and unfairness and its request for the appointment of a special master pursuant to Claims Court Rule 53(b), to be without merit. Moreover, based on the record, we do not believe the Claims Court abused its discretion in denying Maki's motion for a new trial. Shatterproof Glass Corp. v. Libbey-Owens Ford Co., 758 F.2d 613, 626 (Fed. Cir.), cert. denied, 474 U.S. 976 (1985).

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