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UNIVERSAL WINDING COMPANY v. GIBBS MACHINE CO.

Civ. A. Nos. C-90-G-58, C-91-G-58, C-235-G-58.

179 F.Supp. 394 (1959)

UNIVERSAL WINDING COMPANY, Plaintiff, v. GIBBS MACHINE CO., Inc., and Robert A. Gibbs, d/b/a Gibbs Machine Co., Defendant. UNIVERSAL WINDING COMPANY, Plaintiff, v. Joseph F. SMITH, d/b/a Mechanical Specialty Co., Defendant. UNIVERSAL WINDING COMPANY, Plaintiff, v. MADISON THROWING COMPANY, Macfield Industries, and Nylon Processing Co., Defendants.

United States District Court M. D. North Carolina, Greensboro Division.

December 24, 1959.

Attorney(s) appearing for the Case

Robert F. Conrad, Washington, D. C., and A. L. Meyland, Greensboro, N. C., for plaintiff.

David Rabin, Greensboro, N. C., for defendants.

JOHNSON J. HAYES, District Judge.

1. In these three cases a motion to dismiss for want of an indispensable party has been made by each of the defendants in the above cases. Warren A. Seem, Nicholas J. Stoddard, Fred Tecce and Harold P. Berger, co-partners, doing business under the name of Permatwist, had pending in the United States Patent Office applications for the issuance of patent bearing numbers: 401,803; 401,951, and 401,952, upon which U. S. Letters Patent...

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