FARRAND OPTICAL CO. v. UNITED STATES


133 F.Supp. 555 (1955)

FARRAND OPTICAL CO., Inc., Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court S. D. New York.

August 5, 1955.


Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Barrows & Taylor, of New York, N. Y., for plaintiff, Willis H. Taylor, Jr., Thomas F. Reddy, Jr., New York City, of counsel.

Lloyd F. MacMahon, U. S. Atty., New York City, for the S. D. of New York, for defendant, Alfred P. O'Hara, Asst. U. S. Atty., New York City, of counsel.


DAWSON, District Judge.

This is a motion by which the defendant seeks an order to dismiss the complaint on the grounds that (1) the complaint fails to state a cause of action and (2) that this Court lacks jurisdiction over the subject matter of the action; or, in the alternative, for summary judgment.

The motion raises primarily the issue as to whether an inventor whose patent application was directed to be kept secret, for purposes of national security, by...

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