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BLOCH v. UNITED STATES

No. 22, Docket 22389.

200 F.2d 63 (1952)

BLOCH v. UNITED STATES.

United States Court of Appeals Second Circuit.

Decided November 21, 1952.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City, Lawrence G. Greene, Asst. U. S. Atty., New York City, of counsel, for defendant-appellant.

Arthur Weissbarth, New York City, for plaintiff-appellee.

Shearman & Sterling & Wright, New York City, Thomas P. Ford, New York City, of counsel, for amicus curiæ Eterpen Financiera Sociedad de Responsabilidad Limitada (formerly Eterpen, S.A.)

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the United States from a summary judgment for the plaintiff granting the latter's claim for tax refunds for the years 1944, 1945 and 1946, D.C., 102 F.Supp. 457. The question raised by the appeal is whether an agreement governing certain patent rights, dated April 29, 1935, constituted a mere license agreement with the payment of royalties...

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