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Sweetwater Rug Corp. v. J. C. Bedspread Co.

United States Court of Appeals, Second Circuit
Feb 23, 1962
299 F.2d 573 (2d Cir. 1962)

Opinion

No. 180, Docket 27121.

Argued February 5, 1962.

Decided February 23, 1962.

Appeal from the United States District Court for the Southern District of New York; William B. Herlands, Judge.

Plaintiffs appeal from a judgment dismissing their action for a declaratory judgment.

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.


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 Judge Herlands granted the motion.

The judgment is affirmed on the opinion below, 198 F. Supp. 941.


Summaries of

Sweetwater Rug Corp. v. J. C. Bedspread Co.

United States Court of Appeals, Second Circuit
Feb 23, 1962
299 F.2d 573 (2d Cir. 1962)
Case details for

Sweetwater Rug Corp. v. J. C. Bedspread Co.

Case Details

Full title:SWEETWATER RUG CORP. and Cobble Bros. Machinery Co., Inc.…

Court:United States Court of Appeals, Second Circuit

Date published: Feb 23, 1962

Citations

299 F.2d 573 (2d Cir. 1962)