Legal Opinion

United States v. Frank B. Killian Company

Court of Appeals for the Sixth Circuit

Decided July 14, 1959No. 13753PublishedCited by 25 opinions

1Opinion of the Court

MATHES, District Judge.

The Government appeals from an order of dismissal entered July 1, 1958, for failure of the complaint to state a claim upon which relief can be granted. [Fed. R.Civ.P. rule 12(b) (6), 28 U.S.C.]

It is alleged in the complaint in question that on October 16, 1944, plaintiff-appellant and defendant-appellee entered *493into a contract providing that royalties payable on a patented device manufactured for wartime purposes be adjusted retrospectively under the procedure provided by the Royalty Adjustment Act of 1942, rather than prospectively as contemplated in and provided for…

2Cases cited16 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  3. United States v. SummerlinSupreme Court of the United States · 1940
  4. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  5. Board of Comm'rs of Jackson Cty. v. United StatesSupreme Court of the United States · 1939

11 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Lynn Sinay, David Rosenberg (90-4075) and Aline Halye (91-3051) v. The Lamson & Sessions Company Russell Every John Schulze and Gene BuddCourt of Appeals for the Sixth Circuit · 1991
  2. Virgil Cochran v. Francis J. Birkel, Virginia Hager, Bettie Klontz, and Kathy Rubens, All IndividuallyCourt of Appeals for the Sixth Circuit · 1981
  3. United States v. Morris WeintraubCourt of Appeals for the Sixth Circuit · 1979
  4. Temujin Kensu v. Corizon, Inc.Court of Appeals for the Sixth Circuit · 2021
  5. Keohane v. Swarco, Inc.Court of Appeals for the Sixth Circuit · 1963

20 more not listed; retrieve them via the Exa API.

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