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FARRAND OPTICAL CO. v. UNITED STATES

No. 403, Docket 27333.

325 F.2d 328 (1963)

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

United States Court of Appeals Second Circuit.

Decided November 6, 1963.

Attorney(s) appearing for the Case

Willis H. Taylor, Jr., and John T. Farley, of Pennie, Edmonds, Morton, Taylor & Adams, New York City, for plaintiff-appellant.

Robert M. Morgenthau, U. S. Atty., and David R. Hyde, David Klingsberg, Robert E. Kushner, Asst. U. S. Attys., Southern Dist. of New York, New York City, for defendant-appellant.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Plaintiff seeks compensation under the Invention Secrecy Act of 1951, 35 U.S.C. § 183, for the disclosure and use of its invention by the Government. Plaintiff's right to bring this action in a United States District Court, rather than exclusively in the Court of Claims, originally upheld by Judge Ryan in the district court, but denied by a panel of this court, was eventually upheld by an equally divided court sitting in banc...

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