SWITZER BROTHERS, INC. v. BYRNE

No. 12902.

242 F.2d 909 (1957)

SWITZER BROTHERS, Inc., Appellant, v. James P. BYRNE, d.b.a. Byrne Wallpaper & Paint Store, Appellee.

United States Court of Appeals Sixth Circuit.

April 8, 1957.


Attorney(s) appearing for the Case

Albert Ely, Jr., Ely, Pearne & Gordon, Cleveland, Ohio, on the brief, for appellant.

Carl Hoppe, San Francisco, Cal., Townsend & Townsend, San Francisco, Cal., on the brief, for appellee.

Before SIMONS, Chief Judge, ALLEN and McALLISTER, Circuit Judges.


ALLEN, Circuit Judge.

The District Court dismissed with prejudice a complaint alleging infringement of Patents Nos. 2,417,384 and 2,475,529 for fluorescent devices and materials and praying for the usual equitable relief. Two principal questions are presented in this appeal: (1) Are tenants in common of the patents in question indispensable parties to the suit? (2) If the tenants in common are indispensable parties and were not joined in the suit at its inception...

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