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UNITED STATES v. FRANK B. KILLIAN COMPANY

No. 13753.

269 F.2d 491 (1959)

UNITED STATES of America, Appellant, v. FRANK B. KILLIAN COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

July 14, 1959.

Attorney(s) appearing for the Case

John G. Laughlin, Civil Division, Department of Justice, Washington, D. C., George Cochran Doub and Samuel D. Slade, Department of Justice, Washington, D. C., and Sumner Canary, Cleveland, Ohio, on briefs, for appellant.

Ray T. Miller, Cleveland, Ohio, on brief, for appellee.

Before ALLEN and McALLISTER, Circuit Judges, and MATHES, District Judge.

MATHES, District Judge.

The Government appeals from an order of dismissal entered July 1, 1958, for failure of the complaint to state a claim upon which relief can be granted. [Fed. R.Civ.P. rule 12(b) (6), 28 U.S.C.]

It is alleged in the complaint in question that on October 16, 1944, plaintiff-appellant and defendant-appellee entered into a contract providing that royalties payable on a patented device manufactured...

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