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INTERNATIONAL TEL. & TEL. CORP. v. UNITED STATES

No. 263-73.

536 F.2d 1361 (1976)

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION and International Standard Electric Corporation v. The UNITED STATES et al., Third-Party Defendants.

United States Court of Claims.

June 16, 1976.

Attorney(s) appearing for the Case

Paul M. Craig, Jr., Washington, D.C., attorney of record, for plaintiffs; Melvin Kraus, Washington, D.C., of counsel.

Robert H. Plotkin, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant; Vito J. DiPietro, Washington, D.C., of counsel.

Before COWEN, Chief Judge, DURFEE, Senior Judge, and KASHIWA, Judge.

OPINION

PER CURIAM.

This case comes before the court on defendant's request for review, pursuant to Rule 53(c)(3), of the opinion of Trial Judge Colaianni on the issue as to whether the application of the statute of limitations to plaintiffs' claim is tolled by 35 U.S.C. § 286. Upon consideration of the briefs and arguments of counsel, the court agrees with the trial judge's opinion, but we add the following:

In cases involving a statutory ambiguity...

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