Legal Opinion

Shearer v. United States

United States Court of Claims

Decided March 7, 1938No. 41829PublishedCited by 1 opinion

1Opinion of the CourtBooth, Chief Justice

The plaintiff is now in the Corps of Engineers, United States Army. He was prior to May, 1917, an employee of the defendant on the Mississippi River Commission, having held this position for a period of seven years. Under the provisions of the act of June 25, 1910, 36 Stat. 851, as amended by the act of July 1, 1918, 40 Stat. 705, conferring jurisdiction upon this court in patent cases, the plaintiff, a patentee, is precluded from bringing suit against the defendant for an alleged infringement of his patent rights, because of his service in the Government at the time he makes his claim. A…

2Cases cited12 opinions

  1. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  2. United States v. Dubilier Condenser CorpSupreme Court of the United States · 1933
  3. Dolbear v. American Bell Telephone CompanySupreme Court of the United States · 1888
  4. Binns v. United StatesSupreme Court of the United States · 1904
  5. Gill v. United StatesSupreme Court of the United States · 1896

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3Cited by1 opinion

  1. Asphalt Revetment Co. v. United StatesUnited States Court of Claims · 1943

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