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HUGHES AIRCRAFT CO. v. MESSERSCHMITT-BOELKOW-BLOHM

No. 78-1263.

625 F.2d 580 (1980)

HUGHES AIRCRAFT CO. et al., Plaintiffs-Appellants Cross-Appellees, v. MESSERSCHMITT-BOELKOW-BLOHM, GmbH, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1980.

Attorney(s) appearing for the Case

Dugald S. McDougall, Keith V. Rockey, Chicago, Ill., Leon H. Handley, James E. Glatt, Jr., Orlando, Fla., John A. Sarjeant, Los Angles, Cal., for plaintiffs-appellants cross-appellees.

Robert W. Duckworth, Orlando, Fla., Toren, McGeady & Stanger, David Toren, Gerald H. Kiel, New York City, for defendant-appellee cross-appellant.

Before CHARLES CLARK, RONEY and HENDERSON, Circuit Judges.

RONEY, Circuit Judge:

The issue in this case is whether certain patents were "used . . . by or for the United States," within the meaning of 28 U.S.C.A. § 1498(a), so that the Court of Claims has exclusive jurisdiction to hear this patent infringement suit. The district court held on summary judgment that the Court of Claims, not a district court, has jurisdiction to entertain the action. 437 F.Supp. 75 (M.D. Fla. 1977)....

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