Jo C. Calhoun, Jr., and Esther C. Young, Executors of the Estate of Niels A. Christensen, Deceased v. The United States

COWEN, Chief Judge.

This ease comes before the court on defendant’s request under our rule 55(a) (3) for review of the trial commissioner’s order of June 25, 1965, fixing the period of accounting for recovery in the case. In our decision of December 11, 1964, 339 F.2d 665, 168 Ct.Cl. 663, judgment was entered for plaintiffs for unauthorized use by defendant of plaintiffs’ claim 5 of their patent with the amount of recovery to be determined pursuant to our rule 47(c)(2).

On June 15, 1965, plaintiffs filed their motion for an extension of the accounting period in the case from November 19, 1955,…