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CALHOUN v. UNITED STATES

No. 432-55.

453 F.2d 1385 (1972)

Jo. C. CALHOUN, Jr., and Esther C. Young, Executors of the Estate of Niels A. Christensen (Deceased) v. The UNITED STATES.

United States Court of Claims.

January 21, 1972.

Attorney(s) appearing for the Case

Albert R. Teare, Atty. of record, Cleveland, Ohio, for plaintiffs.

Vito J. DiPietro, Reston, Va., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, LARAMORE, Judge, DURFEE, Senior Judge, and DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

OPINION

DAVIS, Judge.*

This case, involving the "accounting" phase of patent litigation, follows upon the court's decision in Calhoun v. United States, 339 F.2d 665, 168 Ct.Cl. 663 (1964), that claim 5 of Christensen U. S. Patent 2,180,795 is valid and has been infringed. On the basis of that holding, the plaintiffs seek to recover "reasonable and entire compensation", pursuant to 28 U.S.C. ...

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