Legal Opinion

American Science and Engineering, Inc. v. Joseph A. Califano, Jr., Secretary of the Department of Health, Education, and Welfare

Court of Appeals for the First Circuit

Decided February 23, 1978No. 77-1437PublishedCited by 69 opinions

1Opinion of the Court

COFFIN, Chief Judge.

The Department of Health, Education and Welfare (HEW) appeals an order of the district court preliminarily enjoining it from issuing to manufacturers other than plaintiff licenses to produce a device plaintiff developed under contract with HEW. At issue is whether the district court, or the Court of Claims, had jurisdiction to entertain the cause.

In June, 1975, plaintiff, a scientific research and development corporation, entered into a contract with HEW for the development of a computerized Tomographic X-ray scanner. 1 In exchange for funding plaintiff’s work on the…

2Cases cited25 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Goldberg v. KellySupreme Court of the United States · 1970
  3. Bell v. HoodSupreme Court of the United States · 1946
  4. Califano v. SandersSupreme Court of the United States · 1977
  5. Bell v. BursonSupreme Court of the United States · 1971

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

3Cited by69 opinions

  1. Megapulse, Inc. v. LewisCourt of Appeals for the D.C. Circuit · 1982
  2. B.K. Instrument, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1983
  3. State of New Mexico v. Donald T. Regan, Etc.Court of Appeals for the Tenth Circuit · 1984
  4. Sea-Land Service, Inc. v. BrownCourt of Appeals for the Third Circuit · 1979
  5. Graham v. HenegarCourt of Appeals for the Fifth Circuit · 1981

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

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