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LEESONA CORP. v. COTWOOL MFG. CORP., JUDSON MILLS DIV.

No. 8684.

308 F.2d 895 (1962)

LEESONA CORPORATION, Appellant, v. COTWOOL MANUFACTURING CORPORATION, JUDSON MILLS DIVISION, Deering Milliken Research Corporation, and Whitin Machine Works, Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 8, 1962.

Attorney(s) appearing for the Case

Frederic P. Houston, Otterbourg, Steindler, Houston & Rosen, New York City, for appellee Deering Milliken Research Corporation.

Robert F. Conrad, Watson, Cole, Grindle & Watson, Washington, D. C., J. Wright Horton, Rainey, Fant & Horton, Greenville, S. C., Kester Walton, and Van Winkle, Walton, Buck & Wall, Asheville, N. C., for appellant.

James D. Poag, Price & Poag, Greenville, S. C., Granville M. Brumbaugh, and Brumbaugh, Free, Graves & Donohue, New York City, for other appellees.

Before HAYNSWORTH, BOREMAN and BRYAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

The plaintiff in this suit for patent infringement seeks reversal of an order severing the action as to the defendant, Whitin, transferring that action to the District of Massachusetts and staying further proceedings in the Western District of South Carolina during the pendency of the litigation in Massachusetts. The defendant, Whitin, has moved to dismiss the appeal. The motion to dismiss has been resisted on the grounds, (1) the severance...

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