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TORRINGTON MFG. CO. v. ENGINEERING TOOL & METALS CO.

Civ. A. No. 13499.

197 F.Supp. 205 (1961)

TORRINGTON MANUFACTURING COMPANY, Plaintiff, v. ENGINEERING TOOL & METALS COMPANY et al., Defendants.

United States District Court S. D. Texas, Houston Division.

June 16, 1961.

Attorney(s) appearing for the Case

Browning, Simms, Hyer & Eickenroht, W. F. Hyer, Houston, Tex., for plaintiff.

Hayden & Pravel, Jack W. Hayden, Houston, Tex., for defendants.

INGRAHAM, District Judge.

This is a suit for patent infringement. Defendants named in the original complaint (Engineering Tool & Metals Company, also known as E.T.M. Company and as Engineering Tool & Metals, Inc.) move to dismiss for failure to state a claim and failure to join an indispensable party, Fed.Rule Civ.Proc. 12(b), 28 U.S. C.A.

The procedural posture of these motions is as follows. Plaintiff's original complaint was served upon "Engineering...

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