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DORR-OLIVER, INCORPORATED v. UNITED STATES

No. 130-68.

432 F.2d 447 (1970)

DORR-OLIVER, INCORPORATED v. The UNITED STATES, Defendant, COMANCO, INCORPORATED and Lockheed Aircraft, Incorporated, Third-Party Defendants.

United States Court of Claims.

October 16, 1970.

Attorney(s) appearing for the Case

William C. Conner, New York City, attorney of record, for plaintiff; J. Dennis Malone, Stamford, Conn., of counsel.

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

Albert L. Carter, Marietta, Ga., attorney of record for Lockheed Aircraft Corporation.

Paul Matzko, Philadelphia, Pa., attorney of record for Comanco, Incorporated.

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

OPINION

PER CURIAM:

This case was referred to Trial Commissioner James F. Davis with directions to make findings of fact and recommendation for conclusions of law under the order of reference and Rule 134(h). The commissioner has done so in an opinion and report, on the issue as to when plaintiff became the "owner" of the patent, within the meaning of § 1498 of 28 U.S. C., filed May 7, 1970. On June 1, 1970 defendant filed a notice of intention to except...

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