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MYERS ARMS CORPORATION v. UNITED STATES

No. M-231.

38 F.Supp. 269 (1941)

MYERS ARMS CORPORATION v. UNITED STATES.

Court of Claims.

April 7, 1941.

Attorney(s) appearing for the Case

Charles R. Fenwick, of Washington, D. C. (William H. Mondell, of Waynesboro, Va., and Hugh H. Obear, of Washington, D. C., on the brief), for plaintiff.

H. L. Godfrey, of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen. (J. F. Mothershead, of Washington, D. C., and Frank H. Harmon, of New York City, on the brief), for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON and WHITAKER, Judges.

GREEN, Judge.

This suit is brought for the alleged infringement of patent No. 1,608,109, issued November 23, 1926, the patent stating that the "invention relates to vehicles, and particularly to that class thereof that are used in warfare." The original application, of which the patent in suit is said to be a division was filed August 23, 1909. Between this date and the time the patent was issued, the alleged invention was withheld from the public.

The original...

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