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VAN METER v. UNITED STATES

Nos. 110, 164.

47 F.2d 192 (1931)

VAN METER v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Melville Church, C. B. Des Jardins, and C. C. Calhoun, all of Washington, D. C., of counsel), for appellant.

Charles B. Rugg, Asst. Atty. Gen., and Richard H. Templeton, U. S. Atty., and Harold B. Ehrlich, Asst. U. S. Atty., both of Buffalo, N. Y. (J. Frank Mothershead and Paul P. Stoutenburgh, both of Washington, D. C., of counsel), for the United States.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This suit was tried, without the intervention of the jury, before the court. Title 28, U. S. Code, § 773 (28 USCA § 773). Special findings were made and a judgment entered for plaintiff below for $46,137.50.

Plaintiff was granted patent No. 1,192,479, on July 25, 1916, on an application filed March 27, 1911, for a parachute apparatus. After July 25, 1916, plaintiff became an officer of the United States Army and continued as...

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