The Kemode Manufacturing Co., Inc., and Frank A. Petraglia v. The United States

This patent case was referred to Trial Commissioner Donald E. Lane with directions to report findings of fact and recommendations for conclusions of law. The commissioner has done so in a report filed September 29, 1964, said report being unfavorable to the plaintiffs. On October 14, 1964, plaintiffs filed a notice of intent to except to the commissioner’s report, but plaintiffs have not filed any exceptions or brief within the extensions of time allowed for that purpose.

On February 25, 1965, plaintiffs filed a motion to dismiss without prejudice. On April 7, 1965, defendant filed an…