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

February 23, 1962

SWEETWATER RUG CORP. AND COBBLE BROS. MACHINERY CO., INC., PLAINTIFFS-APPELLANTS,
v.
J. & C. BEDSPREAD COMPANY, INC., DEFENDANT-APPELLEE.



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.

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 Judge Herlands granted the motion.

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

19620223

© 1998 VersusLaw ...

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