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KAPLAN v. CORCORAN

No. 76-1515.

545 F.2d 1073 (1976)

Ervin KAPLAN, Plaintiff-Appellee, v. John J. CORCORAN, as General Counsel for the United States Veterans Administration, and Donald E. Johnson or Successor, as Administrator of Veterans Affairs of the United States Veterans Administration, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 24, 1976.

Attorney(s) appearing for the Case

Samuel K. Skinner, U.S. Atty., Chicago, Ill., Thomas G. Wilson, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Harry M. Levy, Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, HASTINGS, Senior Circuit Judge, and TONE, Circuit Judge.

HASTINGS, Senior Circuit Judge.

The basic question for review on this appeal appears to be whether the district court1 erred in holding unconstitutional Executive Order 10096, which provides in substance that the United States shall obtain title to any invention made by any Government employee during working hours, or with a contribution by the Government, or which bears a direct relation to, or is made in consequence of, the inventor...

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