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HORPHAG RESEARCH LTD. v. CONSAC INDUSTRIES, INC.

No. 96-1520.

116 F.3d 1450 (1997)

HORPHAG RESEARCH LTD., M.W. International, Inc., Societe Civile D'Investigations Pharmacologiques D'Aquitaine, and Societe Civile Pour L'Expansion de la Rechereche en Phytochimie Appliquee, Plaintiffs, v. CONSAC INDUSTRIES, INC., d/b/a Country Life, Defendant. HORPHAG RESEARCH and M.W. International, Inc., Movants-Appellees, v. INTERNATIONAL NUTRITION COMPANY and Egbert Schwitters, Joined Parties-Appellants.

United States Court of Appeals, Federal Circuit

April 22, 1997.

Attorney(s) appearing for the Case

Norman H. Zivin, Cooper & Dunham LLP, New York City, argued for Joined Parties-Appellants. With him on the brief was Donna A. Tobin.

Marvin S. Gittes, Cobrin Gittes & Samuel, New York City, argued for Movants-Appellees. With him on the brief was David A. Loewenstein.

Before RICH, PLAGER and SCHALL, Circuit Judges.

PLAGER, Circuit Judge.

International Nutrition Company ("INC") and Egbert Schwitters (collectively referred to as "appellants") appeal from an Order of the United States District Court for the Eastern District of New York in Doc. No. 93-CV-2522 dated May 8, 1996. That Order joined INC and Schwitters as parties under Federal Rules of Civil Procedure 25(c) and 71 to a case closed some ten months prior and bound them to the outcome therein. Because we conclude that neither...

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