B-158125, JUN 25, 1973

B-158125, JUN 25, 1973

DENIAL OF CLAIM IN AMOUNT OF $26,000 ASSERTED AGAINST THE UNITED STATES ON BEHALF OF PRECISION PLATING AND METAL FINISHING CO., INC. BECAUSE MARTIN-MARIETTA CORP. WRONGFULLY OBTAINED A CERTAIN PROPRIETARY PROCESS FROM PRECISION AND FURNISHED IT TO THE UNITED STATES.

TO MR. WALDENSE D. MALOUF:

WE REFER TO YOUR LETTER OF MAY 21, 1973, WITH ENCLOSURES, AND PRIOR CORRESPONDENCE, ASSERTING A CLAIM IN AN AMOUNT OF $26,000 AGAINST THE UNITED STATES ON BEHALF OF PRECISION PLATING AND METAL FINISHING CO., INC., BECAUSE MARTIN-MARIETTA WRONGFULLY OBTAINED A CERTAIN PROPRIETARY PROCESS FROM PRECISION AND FURNISHED IT TO THE UNITED STATES.

YOUR CORRESPONDENCE INDICATES THAT PRECISION OBTAINED A DISTRICT COURT JUDGMENT AGAINST MARTIN-MARIETTA AFTER YOU PRESENTED OR HAD AN OPPORTUNITY TO PRESENT ALL OF THE ISSUES INVOLVED IN THE PRESENT CLAIM. IN PRECISION PLATING & METAL FINISHING, INC. ET. AL., V. MARTIN MARIETTA CORPORATION, 435 F.2D. 1262 (5TH CIR. 1970), THE COURT OF APPEALS AFFIRMED THE DISTRICT COURT'S AWARD OF $27,500, PLUS INTEREST, REPRESENTING THE FAIR MARKET VALUE OF THE PROCESS AT THE TIME OF MARTIN MARIETTA'S PUBLIC DISCLOSURE. IN THE CIRCUMSTANCES, WE PERCEIVE NO BASIS UPON WHICH A VALID CLAIM MAY NOW BE ASSERTED AGAINST THE UNITED STATES.