Shell Development Co. v. Universal Oil Products Co.

LEAHY, District Judge.

The complaint filed under R.S. § 4915, 35 U.S.C.A. § 63, was dismissed for nonjoinder of an indispensable party. 61 F.Supp. 925. Later, counsel for plaintiff apparently representing also two other parties, Standard Oil Development Company- and Texaco Development Company, filed a pleading wherein both voluntarily appeared in this cause, submitted themselves to the jurisdiction, and sought to be made parties defendant. Plaintiff then filed its petition for rehearing on the ground that by such voluntary appearances all indispensable parties were before the court. Defendant…