Legal Opinion
United States v. Washington Institute of Technology, Inc.
Court of Appeals for the Third Circuit
Decided July 21, 1943No. 8262PublishedCited by 27 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
The United States brought this action under R.S. § 4915 1 to authorize the issuance of a patent on application Serial No. 679,-366 of its assignors Dunmore and Kear. The defendant moved to dismiss the action on the grounds of nonjoinder of an indispensable party, its assignor, Kear. The district court granted the motion and this appeal followed.
Rule 19(a) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, requires that those having “a joint interest shall be made parties * * *.” This means those who were indispensable parties prior to the rules. 2…
2Cases cited9 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Rude v. WestcottSupreme Court of the United States · 1889
- Parker Rust-Proof Co. v. Western Union Telegraph Co.Court of Appeals for the Second Circuit · 1939
- Nachod & United States Signal Co. v. Automatic Signal Corp.Court of Appeals for the Second Circuit · 1939
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hook v. Hook & Ackerman, Inc.Court of Appeals for the Third Circuit · 1951
- Metropolis Theatre Co. v. BarkhausenCourt of Appeals for the Seventh Circuit · 1948
- Young v. GarrettCourt of Appeals for the Eighth Circuit · 1945
- Bernard Kamhi v. Mannie CohenCourt of Appeals for the Second Circuit · 1975
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
22 more not listed; retrieve them via the Exa API.