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DYNAMICS CORP. OF AMERICA v. UNITED STATES

Appeal Nos. 85-578, 85-650.

766 F.2d 518 (1985)

DYNAMICS CORPORATION OF AMERICA, Appellee/Cross-Appellant, v. The UNITED STATES, Appellant/Cross-Appellee.

United States Court of Appeals, Federal Circuit.

June 28, 1985.

Attorney(s) appearing for the Case

John Fargo, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for appellant/cross-appellee. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen. and Vito J. DiPietro, Director.

Thomas P. Dowling, Morgan, Finnegan, Pine, Foley & Lee, of New York City, argued for appellee/cross-appellant. With him on the brief was Janet Dore.

Before RICH, Circuit Judge, and SKELTON and MILLER, Senior Circuit Judges.

JACK R. MILLER, Senior Circuit Judge.

This appeal is from the decision and judgment of the United States Claims Court that Dynamics Corporation of America ("DCA") is entitled, under 28 U.S.C. § 1498, to a total payment, as reasonable royalty plus delay damages (to and including May 31, 1984), in the amount of $11,529,195; and that from June 1, 1984, to and including the date of payment of the judgment, DCA is further entitled to additional delay damages of $1...

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