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HERBERT v. NATIONAL ACADEMY OF SCIENCES

No. 91-7099.

974 F.2d 192 (1992)

Victor HERBERT, Appellant, v. NATIONAL ACADEMY OF SCIENCES.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1992.

Attorney(s) appearing for the Case

Michael K. Botts, for appellant.

Calvin H. Cobb, Jr., with whom Maureen O'Keefe Ward and James R. Wright were on the brief, for appellee.

Before EDWARDS, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

In proceedings before the District Court, Dr. Victor Herbert alleged that the National Academy of Sciences infringed upon certain of his copyrighted works while preparing the 10th edition of the Recommended Dietary Allowances. The Academy countered by contending that the District Court lacked subject matter jurisdiction to hear Herbert's claim. Without ruling on the merits of Herbert...

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