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SEVENSON ENVIRONMENTAL SERV. v. SHAW ENVIRONMENTAL

Nos. 2006-1391, 2006-1408.

477 F.3d 1361 (2007)

SEVENSON ENVIRONMENTAL SERVICES, INC., Plaintiff-Appellant, v. SHAW ENVIRONMENTAL, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

February 21, 2007.

Attorney(s) appearing for the Case

Brian E. Ferguson, McDermott Will & Emery LLP, of Washington, DC, argued for plaintiff-appellant. Of counsel on the brief were Kevin A. Szanyi and Nelson Perel, Webster Szanyi LLP, of Buffalo, NY.

Mark S. Graham, Luedeka, Neely & Graham, P.C., of Knoxville, TN, argued for defendant-cross appellant. With him on the brief was Geoffrey D. Kressin. Of counsel were Michael J. Bradford and J. David Gonce.

Before LINN and DYK, Circuit Judges.

LINN, Circuit Judge.

This is a patent infringement case in which the United States District Court for the Western District of New York concluded at summary judgment that suit against a hazardous waste remediation contractor was barred by government contractor immunity under 28 U.S.C. § 1498. Because we agree with the district court that the contractor's use of the accused method was "for the Government and with the...

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