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SHELL DEVELOPMENT CO. v. UNIVERSAL OIL PRODUCTS CO.

Civ. A. No. 424.

61 F.Supp. 925 (1945)

SHELL DEVELOPMENT CO. v. UNIVERSAL OIL PRODUCTS CO.

District Court, D. Delaware.

August 7, 1945.

Attorney(s) appearing for the Case

Theodore S. Kenyon, Douglas H. Kenyon, and Malvin R. Mandelbaum (of Kenyon & Kenyon), all of New York City, and Caleb S. Layton and Robert H. Richards, Jr. (of Richards, Layton & Finger), of Wilmington, Del., for plaintiff.

William F. Hall and Charles M. Thomas, both of Washington, D. C., and William S. Potter (of Southerland, Berl & Potter), of Wilmington, Del., for defendant.

Hobart N. Durham, Thomas R. MacDonald, and James J. Dwyer (of Morgan, Finnegan & Durham), all of New York City, and William H. Foulk, of Wilmington, Del., for Anglo-Iranian Oil Co., Limited.

LEAHY, District Judge.

In Interference No. 78,016 Visser v. Morrell, the award went to Morrell—Patent No. 2,169,809, now assigned to defendant.

Plaintiff brought this action under R.S. § 4915, 35 U.S.C.A. § 63, to authorize the issuance of a patent on application of Gerardus H. Visser, Serial No. 150,544, assigned to plaintiff. Defendant moved to dismiss the action on the ground of non-joinder of an indispensable party, Anglo-Iranian Oil Company...

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