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JOHN J. McMULLEN ASSOC., INC. v. STATE BOARD OF HIGHER ED.

Civ. No. 65-261.

268 F.Supp. 735 (1967)

JOHN J. McMULLEN ASSOCIATES, INC., a New York Corporation, Plaintiff, v. STATE BOARD OF HIGHER EDUCATION, a public corporation of Oregon et al., Defendants.

United States District Court D. Oregon.

May 18, 1967.

Attorney(s) appearing for the Case

Erskine B. Wood, John R. Brooke and John G. Holden, Portland, Or., Martin Fleit, Harvey B. Jacobson, Jr., Washington, D. C., for plaintiff.

Robert Y. Thornton, Atty. Gen., Wolf von Otterstedt, Asst. Atty. Gen., Eugene, Or., Joseph B. Sparkman, Sp. Asst. Atty. Gen., Portland, Or., for all defendants except Albina Engine and Machine Works, Inc.

William B. Shively, Portland, Or., for defendant, Albina Engine and Machine Works, Inc.

OPINION

BEEKS, District Judge.

This patent infringement action, brought by John J. McMullen Associates, Inc. ("McMullen"), arises from the alleged incorporation of a patented stabilization tank into a vessel which was adapted and used for oceanographic research by Oregon State University ("OSU"). The vessel was acquired from the U. S. Army at no cost to OSU; and the costs of its conversion and of its use for research purposes have been financed by Government...

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