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UNITED STATES v. WASHINGTON INSTITUTE OF TECHNOLOGY

No. 8262.

138 F.2d 25 (1943)

UNITED STATES v. WASHINGTON INSTITUTE OF TECHNOLOGY, Inc.

Circuit Court of Appeals, Third Circuit.

Decided July 21, 1943.

Attorney(s) appearing for the Case

T. Hayward Brown, of Washington, D. C. (Francis M. Shea, Asst. Atty. Gen., Stewart Lynch, U. S. Atty., of Wilmington, Del., and J. F. Mothershead, of Washington, D. C., on the brief), for appellant.

Samuel Scrivener, Jr., of Washington, D. C. (Howard Duane, of Wilmington, Del., on the brief), for appellee.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

GOODRICH, Circuit Judge.

The United States brought this action under R.S. § 49151 to authorize the issuance of a patent on application Serial No. 679,366 of its assignors Dunmore and Kear. The defendant moved to dismiss the action on the grounds of nonjoinder of an indispensable party, its assignor, Kear. The district court granted the motion and this appeal followed.

Rule 19(a) of the Rules of Civil Procedure, 28 U.S.C.A...

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