PALEY v. UNITED STATES

No. 49583.

140 F.Supp. 552 (1956)

Elliot B. PALEY and Pern E. Henninger, Trustees, v. The UNITED STATES.

United States Court of Claims.

May 1, 1956.


Attorney(s) appearing for the Case

Pern E. Henninger, New York City, for plaintiffs. Paul M. Niebell, Washington, D. C., was on the briefs.

Francis H. Fassett, New York City, with whom was Asst. Atty. Gen. Warren E. Burger, for defendant.

Clarence D. Kerr and William J. Barnes, New York City, filed a brief for Bethlehem Steel Co. as amicus curiae.

Arthur Raisch, Detroit, Mich., filed a brief for Nelson Stud Welding Division of Gregory Industries, Inc., as amicus curiae.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.


MADDEN, Judge.

The plaintiffs are the owners of patent Reissue No. 22,091 issued to Nicholas Rippen. They claim that the United States, in its construction of ships and in having ships built for it by contractors, has used the methods and the structures covered by the patent. They sue to recover compensation for that use, under the Act of June 25, 1910, as amended, the statute, as here pertinent, being section 1498 of Title 28, U.S.C.1946 Ed., Supp. III. At the present...

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