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GAZDA v. UNITED STATES

No. 49554.

108 F.Supp. 516 (1952)

GAZDA v. UNITED STATES.

United States Court of Claims.

Decided December 2, 1952.

Attorney(s) appearing for the Case

Thomas L. Higginson, Old Westbury, N. Y., (Charles C. Parlin, George C. Seward, and Shearman & Sterling & Wright, New York City, on the briefs) for the plaintiff.

Bernard Wohlfert, Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., for the defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

WHITAKER, Judge.

This case is before us on defendant's motion to dismiss plaintiff's petition.

Plaintiff alleges that he was an inventor of a drum type cartridge magazine designed particularly for use with the Oerlikon 20 mm. antiaircraft cannon; that he made application to the United States Patent Office for letters patent on said invention on August 15, 1939, and that pursuant thereto United States patent No. 2,367,572 was granted him on January 16, 1945...

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