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UNITED STATES v. FRANK B. KILLIAN COMPANY

No. 15315.

335 F.2d 57 (1964)

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

United States Court of Appeals Sixth Circuit.

July 30, 1964.

Attorney(s) appearing for the Case

Stephen B. Swartz, Atty., Dept. of Justice, Washington, D. C. (John W. Douglas, Acting Asst. Atty. Gen., Sherman L. Cohn, Atty., Dept. of Justice, Washington, D. C., Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on the brief), for appellant.

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

Before PHILLIPS, Circuit Judge, LEVIN, District Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

This controversy involves a claim by the Government against appellee Frank B. Killian Company for a refund of royalties for mechanical prophylactics manufactured and sold under patents, charged against the Government, and claimed to be excessive. The case has heretofore been before this court on an appeal by the Government, in which an order of dismissal of the District Court was set aside and the case remanded for further proceedings...

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