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Within 30 days after the filing of the accountant's report, the parties shall agree upon the proper allocation of Endowment Fund No. 3 between the Johnson and hundred and gifts and upon the amount of reimbursement due Harbor Branch for its expenses since January 1, 1977.

Also within 30 days of the filing of the accountant's report, the parties must inform the Court of procedures to govern payment by the Smithsonian to Harbor Branch for the future operation of the submersible and to dispose of all other matters remaining for consideration by the Court.

[[underlined]]Other Litigation[[/underlined]]

[[underlined]]NEW CASES[[/underlined]]:

1. [[underlined]] Thomas[[/underlined]] v. [[underlined]]United States[[/underlined]]

This suit was filed in the U. S. Court of Claims on January 16, 1980, and asserts that the Smithsonian/University Of Arizona Multiple Mirror Telescope (MMT) infringes a patent owned by plaintiff. The case is being handled for the Institution by the Department of Justice. Attorneys for the Department have not yet had an opportunity to study or evaluate the claim. Attorneys for the University, who have been aware of this potential claim for several years, have concluded that the MMT does not infringe the patent of the plaintiff. A similar suit has been filed against both the Institution and the University of Arizona in the U. S. District Court in Phoenix, Arizona.

2. [[underlined]]Harden[[/underlined]] v. [[underlined]]United States[[/underlined]]

This suit, filed in the U. S. District Court for the District of Columbia on January 15, 1980, grows out of a tort claim for property damage to an automobile resulting from an accident involving a Smithsonian driver. The Smithsonian Tort Claims Committee could find no negligence by the Smithsonian and the claim was denied. Although the suit demands $50,000 in damages, the amount which plaintiff can receive, if she is successful is limited to the amount of the tort claim. In this case that amount is $5,000.

[[underlined]]CASES PREVIOUSLY REPORTED[[/underlined]]:

1. [[underlined]]Crowley v. Smithsonian Institution[[/underlined]]

This action, filed in April 1978 in the U. S. District Court for the District of Columbia, alleges that references to "evolution" in the exhibits of the National Museum Of Natural History violate the "establishment of religion" clause of the First Amendment of the Constitution. Plaintiffs, two of whom are Baptist ministers, seek to enjoin the Smithsonian from in any manner