ETHERINGTON v. HARDEE

No. 18563.

290 F.2d 28 (1961)

Walter H. ETHERINGTON, Appellant, v. S. M. HARDEE, d/b/a Hardee Tool Company, Appellee.

United States Court of Appeals Fifth Circuit.

May 4, 1961.


Attorney(s) appearing for the Case

Jack W. Hayden, Hayden & Pravel, B. R. Pravel, Houston, Tex., for appellant.

Ralph R. Browning, Houston, Tex., James B. Simms, Browning, Simms, Hyer & Eickenroht, Houston, Tex., of counsel, for appellee.

Before TUTTLE, Chief Judge, and JONES and BROWN, Circuit Judges.


JONES, Circuit Judge.

The appellant was plaintiff in a patent infringement suit and takes this appeal from a decree granting a motion of the appellee, who was the sole defendant, to dismiss. The motion was grounded on the assertions that the complaint failed to state a claim on which relief could be granted, and that an indispensable party was not joined. The reasons for the entry of the district court's decree are set forth in its opinion. Etherington v. Hardee,...

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