Legal Opinion
Switzer Brothers, Inc. v. James P. Byrne, D.B.A. Byrne Wallpaper & Paint Store
Court of Appeals for the Sixth Circuit
Decided April 8, 1957No. 12902PublishedCited by 25 opinions
1Opinion of the Court
ALLEN, Circuit Judge.
The District Court dismissed with prejudice a complaint alleging infringement of Patents Nos. 2,417,384 and 2,- 475,529 for fluorescent devices and materials and praying for the usual equitable relief. Two principal questions are presented in this appeal: (1) Are tenants in common of the patents in question indispensable parties to the suit? (2) If the tenants in common are indispensable parties- and were not joined in the suit at its inception, does a subsequent assignment purporting to convey all right, title, and interest of the tenants in common to the licensee of the…
2Cases cited19 opinions
- Waterman v. MacKenzieSupreme Court of the United States · 1891
- General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
- Independent Wireless Telegraph Co. v. Radio Corp. of AmericaSupreme Court of the United States · 1926
- Crown Die & Tool Co. v. Nye Tool & MacHine WorksSupreme Court of the United States · 1923
- Universal Adjustment Corp. v. Midland Bank, Ltd., of LondonMassachusetts Supreme Judicial Court · 1933
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Locklin v. Day-Glo Color Corp.Court of Appeals for the Seventh Circuit · 1970
- Agrashell, Inc. v. Hammons Products CompanyCourt of Appeals for the Eighth Circuit · 1965
- Switzer Brothers, Inc. v. Chicago Cardboard Co., Harry P. Locklin and Elmer J. Brant, General Partners, D/B/A Radiant Color Company, Intervening and Counter-Plaintiffs v. Switzer Brothers, Inc., Robert C. Switzer and Joseph L. Switzer, Counter-DefendantsCourt of Appeals for the Seventh Circuit · 1958
- John R. Willingham, Star Cutter Company, Joined as v. Norman B. Lawton, and Star Cutter Company, PartyCourt of Appeals for the Sixth Circuit · 1977
- Procter & Gamble Co. v. Paragon Trade Brands, Inc.District Court, D. Delaware · 1995
20 more not listed; retrieve them via the Exa API.