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The application for a temporary restraining order was denied December 19, 1973.  The U. S Attorney filed a motion for summary judgement on January 7, 1974.  The contract was readvertised and let to another bidder on January 21, 1974; the suit for injunction has therefore been modified, by plaintiff's motion, to a demand for damages.  This motion and our motion for summary judgement await hearing in the District Court.

4. [[underline]]Jenkins [[/underline]] v. [[underline]]Smithsonian Institution.[[/underline]]

As previously reported, this suit arises out of an employee's discrimination case which was decided in favor of the Institution by the Civil Service Commission's Board of Appeals and Review.  The decision of the Board was upheld by the United States District Court on a motion for summary judgment.  The employee has taken an appeal from the U. S District Court's order.  The plaintiff's brief has not been filed, as motions for extension of time have been requested, the latest of which on April 23, requesting extension to June 24, 1974.

5. [[underline]]Expeditions Unlimited Aquatic Enterprises, Inc.[[/underline]] v. [[underline]]Smithsonian Institution[[/underline]].

In this libel action, summary judgment was granted in favor of the Smithsonian in January 1972.  The date for appealing this decision has expired. The plaintiff, contending that he did not have notice of the Court's decision, has asked that the time be extended to allow him to appeal.  The District Court denied this request, and this procedural question was appealed to the D. C. Circuit Court of Appeals.  Argument was held on April 12, and the case is now under advisement.

6. [[underline]]Long [[/underline]]v. [[underline]] U.S.[[/underline]]

This is a suit for damages for injuries suffered by a child in a fall while visiting the National Museum of Natural History.  The child was seriously injured.  On January 29, 1974, the plaintiff's attorney filed interrogatories with the Court and these were answered by the U. S. Attorney on April 18, 1974.  It is believed by both the Smithsonian and the Justice Department that there was no clear negligence on the part of Smithsonian employees in this matter.