Horner v. United States

Defendant’s motion to dismiss was sustained in an opinion per curiam, as follows:

Plaintiff filed his petition herein to recover compensation under the Act of June 25,1910, as amended, and the “Boyalty Adjustment Act” of October 31, 1942 (35 U. S. C., §§ 42, 68, and 89 to 96, inclusive), for the alleged unauthorized use by defendant of two unpatented inventions or devices.

The first claim asserted in the petition relates to the alleged use by defendant of plaintiff’s unpatented inventions or devices for “illusionary or ‘dummy’ weapons of warfare.”

From the allegations of the petition and the…