ROBINSON v. UNITED STATES

No. 302, Docket 23686.

236 F.2d 24 (1956)

Marion B. ROBINSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 12, 1956.


Attorney(s) appearing for the Case

Timen & Waters, New York City (Otis Mark Waters, W. Philip Van Kirk, New York City, of counsel on the brief), for plaintiff-appellant.

Leonard P. Moore, U. S. Atty., E. D. New York, Brooklyn, N. Y. (Lloyd H. Baker, Samuel V. Greenberg, Robert J. Lederman, Asst. U. S. Attys., E. D. New York, Brooklyn, N. Y., of counsel on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

The question for decision is whether a claimant whose invention was used by the Government during a period when issuance of the patent was delayed under an order of secrecy may sue in the District Court under 35 U.S.C.A. § 183 for such use and for damages resulting from the secrecy order even though the Navy Department denied in toto the claim for compensation. Judge Byers dismissed the complaint for lack of jurisdiction. We hold...

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