AMERICAN SCIENCE & ENGINEERING, INC. v. CALIFANO

No. 77-1437.

571 F.2d 58 (1978)

AMERICAN SCIENCE AND ENGINEERING, INC., Plaintiff, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education, and Welfare, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 23, 1978.


Attorney(s) appearing for the Case

Robert S. Greenspan, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Edward E. Harrington, U. S. Atty., Richard D. Glovsky, Asst. U. S. Atty., Boston, Mass., and William Kanter, Atty., App. Section, Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for defendants, appellants.

Sylvia J. Cox, Boston, Mass., with whom Alvin S. Hochberg, Gregory J. Englund, Broude & Hochberg, Boston, Mass., and Charles Hieken, Waltham, Mass., were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

The Department of Health, Education and Welfare (HEW) appeals an order of the district court preliminarily enjoining it from issuing to manufacturers other than plaintiff licenses to produce a device plaintiff developed under contract with HEW. At issue is whether the district court, or the Court of Claims, had jurisdiction to entertain the cause.

In June, 1975, plaintiff, a scientific research...

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