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1981, confirming prior findings in the February 29, 1980, order. No appeal of the July 1, 1981, decision taken. Request for the award of attorneys' fees filed by Harbor Branch (and opposed by the Department of Justice on behalf of the Institution) pending.

9. [[underlined]] Rabenovets [[/underlined]] v. [[underlined]] Montgomery County, Maryland, et al. [[/underlined]] (replevin action involving a 1932 commemorative medallion issued in celebration of the 200th anniversary of the birth of George Washington that possibly belongs to the Smithsonian) - Filed August 1982 in the District Court for Montgomery County, Maryland; subsequently removed to the federal district court. Pretrial discovery proceedings under way. No trial date set as yet.

[[underlined]] CASES DISPOSED OF: [[/underlined]]

10. [[underlined]] Beier [[/underlined]] v. [[underlined]] United States [[/underlined]]

This was a personal injury case brought under the Federal Tort Claims Act in the U. S. District Court for the Eastern District of Virginia. Plaintiff alleges that he fell on the floor of the Lincoln Gallery of the National Portrait Gallery because the terrazzo floor was [[underlined]] per se [[/underlined]] hazardous. The Institution denied the administrative claim when it was unable to find a breach of duty of care it owed the plaintiff. Plaintiff originally filed his administrative claim in the amount of $2,965.03, but attempted to sue for $50,000. The U. S. Department of Justice, which represented the Institution, settled this case for $1,800.

11. [[underlined]] Magruder [[/underlined]] v. [[underlined]] Smithsonian Institution [[/underlined]]

This was a suit filed under the Federal Tort Claims Act in the U. S. District Court for the Southern District of Florida. Plaintiff sought the return of what was alleged to be George Washington's crib. In the alternative, she sought damages of $10,000. Plaintiff is the widow of and residuary beneficiary under the will of Peyton Magruder. During his lifetime, Peyton Magruder had filed an administrative claim for the crib's return, or for one million dollars. He alleged that he had been a minor in 1932 when his father offered the crib to the Institution as a gift, and, thus, the gift was void. The Institution filed a motion to have the case dismissed for lack of subject matter jurisdiction on the grounds that the statue of limitations had long since run. On September 12, 1983, trial was held in the U. S. District Court for the Southern District of Florida. Three days later, the court held for the Institution. The court found that plaintiff was aware of the Institution's title to the crib for a period of at least six years prior to the filing of his administrative claim. Holding that the two-year statute of limitations was a jurisdictional requisite to the suit, the court dismissed the action on the merits and awarded the Institution its costs.

12. [[underlined]] Local 400, United Food and Commercial Workers Union, AFL-CIO, [[/underlined]] v. [[underlined]] Smithsonian Institution [[/underlined]]

On October 13, 1983, notification was received that on the date a hearing on the request for a Temporary Restraining Order against the Institution would be conducted by Judge Walter Black in the U. S. District Court for the