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WRIGHT v. U.S.

No. 98-50572 Summary Calendar.

164 F.3d 267 (1999)

James E. WRIGHT, Plaintiff-Counter Defendant-Appellant, v. UNITED STATES of America, and its Agency, the Department of Agriculture; Willard J. Phelps, Technology Transfer Officer of the United States Department of Agriculture; Secretary United States Department of Agriculture; Daniel Glickman, Secretary United States Department of Agriculture, Defendants-Appellees, and Troy Biosciences, Incorporated, Intervenor Defendant-Counter Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

January 19, 1999.

Attorney(s) appearing for the Case

John M. Calimafde, Edward M. Reisner, Hopgood, Calimafde, Kalil & Judlowe, New York City, for Plaintiff-Counter Defendant-Appellant.

Robert Keith Shaw-Meadow, San Antonio, TX, for Defendants-Appellees.

Michael J. Tuteur, Russell Beck, Epstein, Becker & Green, Boston, MA, for Intervenor Defendant-Counter Plaintiff-Appellee.

Before REYNALDO G. GARZA, JOLLY and WIENER Circuit Judges.

PER CURIAM:

I. FACTUAL AND PROCEDURAL BACKGROUND

Dr. James Wright ("Wright"), while working for United States Department of Agriculture ("USDA"), isolated a specific strain of BB fungus that was effective against boll weevils and other crop damaging insects such as leafhoppers and whiteflies. Combined with an attractant and a food source, the strain would infect the insect either by ingestion or physical contact and provide an effective means for controlling...

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