Kurtzon v. Sterling Industries, Inc.

WOOD, District Judge.

The defendant has moved to dismiss this patent infringement action under Fed.R.Civ.P. 12(b) (7) for failure of the plaintiff to join as an indispensable party Alkco Manufacturing Company of Chicago. This close corporation is controlled by the plaintiff, Albert Kurtzon, who is its president and major stockholder.

This action was begun in December of 1962 by the plaintiff, an individual who is the sole owner of the patent. An amended complaint was later filed by the plaintiff to set forth patent 2,897,347 in lieu of patent 2,578,190.

Defendant, in its original answer, pleaded…