Sweetwater Rug Corp. and Cobble Bros. Machinery Co., Inc., Plaintiffs-appellants, v. J. & C. Bedspread Company, Inc., Defendant-appellee, 299 F.2d 573 (2d Cir. 1962)

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US Court of Appeals for the Second Circuit - 299 F.2d 573 (2d Cir. 1962) 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.

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.