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HOBBS v. UNITED STATES, ATOMIC ENERGY COMMISSION

No. 30159.

451 F.2d 849 (1971)

James C. HOBBS, Petitioner, v. UNITED STATES of America, ATOMIC ENERGY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 20, 1971.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., New Orleans, La., B. D. Watts, Cleveland, Ohio, H. Struve Hensel, New York City, for petitioner.

William D. Ruckelshaus, Asst. Atty. Gen., Robert V. Zener, Atty., Dept. of Justice, Washington, D. C., Joseph F. Hennessey, Roland A. Anderson, Asst. Gen. Counsel, John A. Horan, Atomic Energy Comm., John N. Mitchell, Atty. Gen., Morton Hollander, Chief, Appellate Section, Dept. of Justice, Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., for the United States.

Before WISDOM, BELL, and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

This appeal concerns a claim against the government for just compensation for the Atomic Energy Commission's allegedly unlawful taking of James C. Hobbs's rights in certain inventions essential to the production of The Bomb. The matter is before this Court for the second time.

The gas involved in the production of fissionable material had never before been producd in quantity. It was highly corrosive. It had to be handled at subatmospheric...

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