MEMORANDUM OF DECISION
REED, District Judge.
This case is before the court on the defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment filed herein on 13 August 1976. Defendant bases this motion on two grounds:
1) The court lacks subject matter jurisdiction over this cause because the allegedly infringing apparatus was "used or manufactured by or for the United States" within the meaning of 28 U.S.C. § 1498(a);
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