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FARRAND OPTICAL CO. v. UNITED STATES

197 F.Supp. 756 (1961)

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

United States District Court S. D. New York.

August 21, 1961.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, for plaintiff (Willis H. Taylor, Jr., New York City, of counsel).

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, New York City, for defendant (Mark I. Cohen, Asst. U. S. Atty., New York City, of counsel).

RYAN, Chief Judge.

We have previously concluded by our decision of July 23, 1959 (D.C., 175 F.Supp. 230) that the plaintiff may lawfully claim any compensation which it may be entitled to recover under Title 35 U.S.C. § 183 and Title 22 U.S.C. § 1758. The trial of the second phase of this suit, which concerns the fixation of the amount of such compensation, has been delayed by discovery proceedings and accounting studies...

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