626 Reporter's Statement of the Case THE ALLEGED INFRINGING STRUCTURES 36. Plaintiffs charge as infringements in this case the fifteen Government dock structures as herein tabulated. The infringing acts complained of are use for or by the Government of all the docks listed in the tabulation, and construction or manufacture by or for the Government of the four docks indicated in the tabulation as completed within the six-year period prior to the filing date of the petition in this case. The item numbers given in the above tabulation designate plaintiffs' exhibits illustrative of the docks and also refer by the same item numbers to defendant's drawings of the alleged infringing docks as contained in exhibit N. The reinforcement used in the docks is shown under the same item numbers in defendant's exhibits O and P. It has been agreed by the parties that the dock structures identified in the above tabulation as items 1 and 4 and 9 Reporter's Statement of the Case 106 C. Cls. represent structures which are typical of all other structures of the defendant that are involved in this suit. It has been further agreed that each of the tabulated structures was in use or available for use by the Government from its respective date of acquisition to the filing of the petition in this case. With respect to the four docks completed in the six-year period preceding the date of the petition, items 3, 15, and 20 were built under contract for the Government and item 17 was built by the Government. 37. The first of the two structures selected as typical of all of defendant's alleged infringing dock structures (item 1) is Pier No. 1 reproduced below, with an associated marginal quay, at the Pacific Terminal, Balboa, Panama Canal Zone. The southernmost or outer section of the marginal quay comprises approximately 650 feet of reinforced concrete flat-deck structure, comprising a reinforced concrete floor slab at the operating or traffic level of the dock 55 feet wide, and carried on integral reinforced concrete beams and girders. These beams and girders are constructed with the standard or conventional type of beam reinforcement adapted to transfer the superposed floor load to individual supporting columns located at the ends of the girder spans. The supporting columns are heavy 8-foot cylindrical members spaced 30 feet apart center to center parallel to the shore and 35 feet center to center at right angles to the shore. The supporting columns in this section of the quay are braced by struts extending from column to column below the water line, and the columns adjacent the shore are anchored to "deadmen" located approximately 100 feet shoreward of the land edge of the quay. The anchoring means employed are 234" tie rods encased in concrete. A railroad track is located on the quay above and in line with the outer supporting columns. The outboard end of the quay is protected by a series of timber fender piles. A section of this portion of the quay is illustrated in the accompanying drawing, which is reproduced from defendant's exhibit N.. Reporter's Statement of the Case 106 C. Cls. 38. The next two sections of the quay consist of 496-foot and 742-foot lengths of marginal structure substantially identical with the first section except they are 60 feet wide and are supported upon three rows of supporting columns instead of two, as shown in the appended drawing of this section reproduced below. Floor beams or girders span distances of 30 feet between the center lines of the individual load-supporting columns, the columns being spaced distances of 26′ 8′′ and 33′ 4′′, respectively, at right angles to the shore line. Anchoring means similar to that described in connection with the outermost quay section are used in these two inner sections. 39. The shore line at the location of this Government structure is approximately L-shaped with a pier extending outwardly 1,000 feet and more or less parallel to the marginal quay structures described in the preceding findings, 37 and 38. At either side of the pier are two short marginal quays, each slightly over 300 feet long. With the exception of being narrower (38′ wide) for a major portion of their length, the construction of these quays is substantially similar to the outermost section of the quays as described and illustrated in finding 37. 40. The pier is built on a foundation of rock fill extending seawardly approximately 1,000 feet, with the quay deck extending marginally along the sides and around the outer end of the rock fill. The pier structure, which is sectionally illustrated in the drawing from defendant's exhibit N, and reproduced below, is substantially similar to the inner portions of the quay described in finding 38. It comprises a flat deck at the traffic level of the pier, supported on reinforced concrete beams and girders spanning distances of approximately 30 feet from column to column longitudinally of the quay and distances of 26' 8" and 35', respectively, perpendicular to the line of the rock fill. The quay sections on the opposite sides of the rock fill are tied together by anchoring rods extending through the fill and encased in concrete. 41. In all of the alleged infringing dock structures at Balboa, with the exception of the outer end of the pier, |