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JOHN J. McMULLEN ASSOCIATES, INC. v. STATE BD. OF HIGHER ED.

No. 22225.

406 F.2d 497 (1969)

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

United States Court of Appeals Ninth Circuit.

Certiorari Denied June 9, 1969.

Attorney(s) appearing for the Case

Martin Fleit and Harvey B. Jacobson, Jr., of Stevens, Davis, Miller & Mosher, Washington, D. C., Erskine B. Wood, of Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for appellants.

Joseph B. Sparkman, Spec. Asst. Atty. Gen., of Buckhorn, Blore, Klarquist & Sparkman, Wm. B. Shively, Portland, Or., Robert Y. Thornton, Atty. Gen., Wolf Von Otterstedt, Eugene, Or., for appellees.

Before HAMLEY, HAMLIN and HUFSTEDLER, Circuit Judges.

Certiorari Denied June 9, 1969. See 89 S.Ct. 2016.

PER CURIAM:

On this appeal, the principal issue is whether the district court had jurisdiction to entertain this suit for patent infringement. It did not have jurisdiction, and the case must be taken to the Court of Claims, if the patented devises, used in research financed in part by National Science Foundation grants, were "used or manufactured by or for the United States" within the meaning of 28 U.S.C...

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