Union Nat. Bank of Youngstown v. Superior Steel Corp.

O’CONNELL, Circuit Judge.

Defendant has moved under Rule 14 of the Federal Rules of Civil Procedure, 28 U.S.C.A., “for leave as a third-party plaintiff to serve a summons and complaint upon E. W. Bliss Company [Bliss] and United Engineering & Foundry Co. [United] as persons not parties to this action but who are liable to it for all of plaintiff’s claim against it.”

As trustee of the León A. Beeghly Fund, plaintiff holds two patents issued in connection with metal rolling. Defendant uses seven 4-high mill stands which plaintiff alleges to be in infringement upon those patents. Bliss was…