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CARRIER CORP. v. UNITED STATES

No. 267-74.

534 F.2d 244 (1976)

CARRIER CORPORATION v. The UNITED STATES.

United States Court of Claims.

As Amended on Denial of Rehearing March 26, 1976.

Attorney(s) appearing for the Case

Robert S. Swecker, Washington, D.C., attorney of record, for plaintiff. Donald F. Daley, Syracuse, N. Y., and Regis E. Slutter, Washington, D.C., of counsel.

Thomas J. Scott, Jr., Arlington, Va., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant. Robert G. Hilton, Washington, D.C., of counsel.

Before COWEN, Chief Judge, DURFEE, Senior Judge, DAVIS, SKELTON, KASHIWA, KUNZIG, and BENNETT, Judges.

COWEN, Chief Judge.

This case, before the court on defendant's motion for partial summary judgment, requires us to determine whether the alleged use of plaintiff's patented invention in the performance of a refuse collection contract was a use by or for the Government within the meaning of 28 U.S.C. § 1498(a).1 Although this is, surprisingly, a case of first impression in this court,2 the legal issues...

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