Clifford C. Bottoms v. Dresser Industries, Inc., Kenneth Foster, Applicant for Intervention-Appellant

LOGAN, Circuit Judge.

The issue in this appeal is whether the district court correctly denied appellant Kenneth Foster’s motion to intervene as of right pursuant to Fed.R.Civ.P. 24(a)(2). We affirm.

Foster attempted to intervene in an action Clifford C. Bottoms had initiated against Dresser Industries, Inc. to recover royalties pursuant to a 1971 agreement. In that agreement, Bottoms assigned Dresser his interest in an oil well drilling tool on which Bottoms held U.S. Patent No. Re 26,745. Bottoms was entitled to five percent of the net sales and rentals of all devices that infringed the…