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KROLL v. McGRATH

Nos. 11149, 11150.

199 F.2d 187 (1952)

KROLL v. McGRATH. McGRATH v. KROLL.

United States Court of Appeals District of Columbia Circuit.

Decided July 17, 1952.

Attorney(s) appearing for the Case

Malcolm N. Rich, New York City, with whom Clarence G. Campbell, New York City, was on the brief, for William J. Kroll, New York City, appellant in No. 11,149 and appellee in No. 11,150. James W. Dent, New York City, also entered an appearance for William J. Kroll.

Samuel Z. Gordon, Atty., Washington, D. C., Department of Justice, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen. Harold Baynton and George B. Searls, Atty., Washington, D. C., Department of Justice, were on the brief, for J. Howard McGrath, Washington, D. C., appellee in No. 11,149 and appellant in No. 11,150.

Before CLARK, WILBUR K. MILLER and PROCTOR, Circuit Judges.

CLARK, Circuit Judge.

Both parties have appealed from an order of the United States District Court for the District of Columbia. We shall refer to them as "Kroll" and "the government" for purposes of ease and clarity in reading.

In its order, the court directed the return of a patent to Kroll, subject to an exclusive license in the government, with right of sub-licensing at royalties agreed upon by Kroll and the government, or set by the court in the event...

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