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MOSCA v. UNITED STATES

No. 227-68.

417 F.2d 1382 (1969)

Americo MOSCA v. The UNITED STATES.

United States Court of Claims.

November 14, 1969.

Attorney(s) appearing for the Case

Americo Mosca, plaintiff, pro se.

P. F. Arseneau, Washington, D. C., with whom was William D. Ruckelshaus, Asst. Atty. Gen., for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON DEFENDANT'S MOTION FOR DISMISSAL FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

COWEN, Chief Judge:

Plaintiff, who appears pro se, has been granted a United States patent for a chemical fungicide known as Aluminum Ions Fungicide (Cuneo Mixture) which has not yet been made, used, sold or distributed within the United States. Plaintif has applied to the United States Department of Agriculture for the registration of his product in...

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