Lion Tractor Co. v. Bull Tractor Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Suit in equity by the Bull Tractor Company against the Dion Tractor Company. From an order granting a preliminary injunction, defendant appeals.
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Appeal from the District Court of the United States for the District of Minnesota; Wilbur F. Booth, Judge. Suit in equity by the Bull Tractor Company against the Dion Tractor Company. From an order granting a preliminary injunction, defendant appeals. This is an appeal from an order of the District Court for the District of Minnesota, granting a preliminary injunction enjoining the appellant from manufacturing, using, or selling the gasoline engine or tractor known as the “Lion tractor,” embodying the construction and combinations set forth and claimed in the application for letters patent of…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). Counsel for appellant insist that the bill ought to have been dismissed for the failure to make W. B. Ewing and D. M. Hartsough parties to this action.
[1] It is a well-established rule in the courts, of the United States that a suit in equity may proceed without tire presence of all proper, or even necessary, parties; only indispensable parties must be joined. “An indispensable party is one who has such an interest in the subject-matter of the controversy that a final decree cannot be rendered in the suit, without injuriously affecting the absent party, or…
2Cases cited10 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Aspinwall, Manuf'g Co. v. GillUnited States Circuit Court · 1887
- American Grain Separator Co. v. Twin City Separator Co.Court of Appeals for the Eighth Circuit · 1912
- Magruder v. Belle Fourche Valley Water Users' Ass'nCourt of Appeals for the Eighth Circuit · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Conway v. WhiteCourt of Appeals for the Second Circuit · 1925
- Guth v. Minnesota Mining & Mfg. Co.Court of Appeals for the Seventh Circuit · 1934
- El Dorado & W. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1925
- Security Metal Products Co. v. Kawneer Co.Court of Appeals for the Eighth Circuit · 1926
2 more not listed; retrieve them via the Exa API.