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SWEETWATER RUG CORP. v. J. & C. BEDSPREAD COMPANY

No. 180, Docket 27121.

299 F.2d 573 (1962)

SWEETWATER RUG CORP. and Cobble Bros. Machinery Co., Inc., Plaintiffs-Appellants, v. J. & C. BEDSPREAD COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 23, 1962.

Attorney(s) appearing for the Case

Harry Price, New York City, for plaintiffs-appellants.

George E. Faithfull, New York City, Ernest P. Rogers and Thomas C. Shelton, Atlanta, Ga., for defendant-appellee. Davis, Hoxie, Faithfull & Hapgood, New York City, and Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., of counsel.

Before SWAN, WATERMAN and MARSHALL, Circuit Judges.

PER CURIAM.

Plaintiffs' action sought (1) a declaration that two United States patents issued to Joseph K. McCutcheon are invalid and not infringed; (2) an order restraining defendant from threatening or issuing warning notices to the trade or to customers or suppliers or associates of plaintiffs; and (3) an accounting for damages and profits. Defendant moved to dismiss the action for lack of an indispensable party, namely, the patentee. In a well reasoned opinion...

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