COAKWELL v. UNITED STATES

No. 213-57.

156 F.Supp. 749 (1957)

Charles A. COAKWELL v. UNITED STATES.

United States Court of Claims.

December 4, 1957.


Attorney(s) appearing for the Case

Frank S. Greene, Flushing, N. Y., for plaintiff.

G. M. Paddack, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.


WHITAKER, Judge.

Plaintiff's suit is based on an alleged violation, first, of section 42 of Title 35 U.S.C.; and second, of section 1498 of Title 28 U.S.C.

Defendant moves to dismiss the petition as to the alleged violation of section 42 of Title 35 of the United States Code, because it fails to state a cause of action arising under it.1

The allegations of the petition should be read with the provisions of section 42 of...

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