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CASES DISPOSED OF:

10. [[underlined]] Jones [[/underlined]] v. [[underlined]] Smithsonian Institution [[/underlined]]

This was an appeal to the U.S. Court of Appeals for the Federal Circuit, filed January 8, 1982, from a ruling by the Merit Systems Protection Board affirming the Smithsonian Institution's decision to reject as untimely the efforts of a former employee to appeal in 1981 his discharge from Smithsonian service in 1976. Pursuant to the terms of a settlement agreement, plaintiff has been re-employed in a probationary position, and his claim has been dismissed, with prejudice.

11. [[underlined]] Swanson [[/underlined]] v. [[underlined]] United States [[/underlined]]

This suit, filed November 1982 in the U. S. District Court for the District of Columbia under the Federal Tort Claims Act for $150,000, arose from an accident at the National Zoological Park. The case was dismissed on June 15, 1983, after the Justice Department, which represented the Institution, negotiated a settlement of $12,000.

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

This suit, filed in the U. S. Court of Claims in January 1980, asserted that the Smithsonian Institution/University of Arizona Multiple Mirror Telescope (MMT) infringed a patent owned by plaintiff. Plaintiff had demanded damages equivalent to the cost of construction (approximately $8 million) of the MMT. The case has been settle by the consent of the parties. The United States and the University of Arizona (the co-defendants) have agreed to pay plaintiff $22,500. The settlement agreement specifically states that there was no patent infringement by the Smithsonian of the University. Plaintiff also granted to the United States a nonexclusive royalty-free license to use the technology represented by his patent.

[[underlined]] CASES AFFECTING SMITHSONIAN INTERESTS: [[/underlined]]

1. In the Matter of the Petition of Robert Abrams for the Exercise of [[underlined]] cy pres [[/underlined]] over the Collection of Clocks and Watches of James Arthur, [[underlined]] Deceased [[/underlined]]

In 1925 James Arthur gave to New York University his extensive collection of clocks and watches. The gift carried restrictions, essentially that the collection "be kept together as an entity" and that it be "housed and exhibited in a dignified and satisfactory manner." With court approval, New York University placed the collection on "permanent loan" to the Smithsonian in 1964. Over the past several years, it had become increasingly evident to the Smithsonian that it could not justify retention of the entire collection. Curatorial judgement was that some of the objects were not of museum quality and that the public, as well as the memory of the donor, would be better served if Institution resources could be devoted to upgrading and conserving the choice portions of the collection. Discussions were held with the New York University and the New York Attorney
Please note that the language and terminology used in this collection reflects the context and culture of the time of its creation, and may include culturally sensitive information. As an historical document, its contents may be at odds with contemporary views and terminology. The information within this collection does not reflect the views of the Smithsonian Institution, but is available in its original form to facilitate research. For questions or comments regarding sensitive content, access, and use related to this collection, please contact transcribe@si.edu.