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MARTIN COMPANY v. UNITED STATES

No. 540-56.

169 F.Supp. 524 (1959)

MARTIN COMPANY v. UNITED STATES.

United States Court of Claims.

January 14, 1959.

Attorney(s) appearing for the Case

W. Houston Kenyon, Jr., New York City, for plaintiff. Jones, Day, Cockley & Reavis, Warren S. Ege, Washington, D. C., Kenyon & Kenyon, Theodore S. Kenyon, Hugh A. Chapin, New York City, were on the brief.

Henry Van Arsdale, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

MADDEN, Judge.

The plaintiff sues the United States pursuant to the provisions of 28 U.S.C. § 1498 for just compensation for the acquisition and use by the United States of aircraft fuel cells and tanks upon which, the plaintiff claims, it has patents. The Government, in its answer, alleges that the plaintiff's patents had been anticipated by 57 American patents, six foreign patents, and five publications. The answer asserts numerous other reasons why the patents...

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