POLAROID CORPORATION v. MARKHAM

No. 8854.

148 F.2d 219 (1945)

POLAROID CORPORATION et al. v. MARKHAM, Alien Property Custodian, et al.

United States Court of Appeals District of Columbia.

Decided February 19, 1945.


Attorney(s) appearing for the Case

Mr. Donald L. Brown, of the Bar of the Court of Appeals of New York, of New York City, pro hac vice, by special leave of court, with whom Messrs. Cecil A. Beasley, Jr., of Washington, D. C., and Nathaniel R. French, of Cambridge, Mass., were on the brief, for appellants.

Mr. Irving J. Levy, Chief Trial Attorney, Department of Justice, of Washington, D. C., with whom Messrs. Harry LeRoy Jones, Chief, Alien Property Litigation Unit, of Washington, D. C., and B. F. Garvey, Special Assistant to the Attorney General, were on the brief, for appellee Alien Property Custodian.

Messrs. W. W. Cochran, Solicitor, United States Patent Office, and E. L. Reynolds, United States Patent Office, both of Washington, D. C., entered appearances for appellee Commissioner of Patents.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.


GRONER, C. J.

The case is before us now on motion of the Alien Property Custodian, one of appellees, to dismiss for lack of jurisdiction in this court and likewise in the District Court on the ground that this is a suit against the United States and the United States have not consented to be sued. Briefly, the facts are these:

In June, 1940, Robert A. Smith, assignor of Polaroid Corporation (one of appellants), filed in the Patent Office an application for...

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