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U.S. MARINE, INC. v. U.S.

No. 2012-1678.

722 F.3d 1360 (2013)

UNITED STATES MARINE, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant/Third Party Plaintiff-Appellee, v. VT Halter Marine, Inc., Third Party Defendant/Counterclaimant.

United States Court of Appeals, Federal Circuit.

July 15, 2013.

Attorney(s) appearing for the Case

Charles L. Egan , Slater & Zeien, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief were Marcus B. Slater, Jr. and Jennifer J. Zeien.

Domenique G. Kirchner , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant/third party plaintiff-appellee. With her on the brief were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Steven J. Gillingham , Assistant Director.

Before LOURIE, PLAGER, and TARANTO, Circuit Judges.

TARANTO, Circuit Judge.

United States Marine, Inc. (USM) sued the United States in the United States District Court for the Eastern District of Louisiana under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2674. USM alleged that the United States misappropriated USM's trade secrets. Specifically, USM claimed that the United States Navy, which had lawfully obtained USM's proprietary technical drawings under a contract (to which USM was not a party...

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