Foote v. Parsons Non-Skid Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for .the Eastern Division of the Northern District of Ohio. Suit in equity by the Parsons Non-Skid Company, Limited, the Weed Chain Tire Grip Company, and Harry D. Weed, against Dorsey E. Eoote. From an order continuing and refusing to dissolve a preliminary injunction, defendant appeals. On petition to intervéne and motion to dismiss appeal.
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Appeal from the District Court of the United States for .the Eastern Division of the Northern District of Ohio. Suit in equity by the Parsons Non-Skid Company, Limited, the Weed Chain Tire Grip Company, and Harry D. Weed, against Dorsey E. Eoote. From an order continuing and refusing to dissolve a preliminary injunction, defendant appeals. On petition to intervéne and motion to dismiss appeal. The questions herein arise in the course -of an appeal from an order continuing and refusing to dissolve a preliminary injunction which had been granted to the Parsons Company against Foote, to prevent…
1Per curiam
[1] Where a dealer is sued for infringement in handling a given article, the right of the manufacturer of that article to intervene and defend, to the extent of exercising any control over the defense to the action, is not an absolute right. Such intervention is sometimes permitted and sometimes refused, according to the discretion of the court upon the facts appearing. The act of sale by the dealer is a tort independent from the manufacture, and the patentee is under no compulsion to sue the manufacturer; he may select the defendant, and he has an absolute right to sue the dealer alone, if…
2Cases cited8 opinions
- Penfield v. C. & A. Potts & Co.Court of Appeals for the Sixth Circuit · 1903
- Toler v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Eastern Tennessee · 1894
- Lane v. WeldsCourt of Appeals for the Sixth Circuit · 1899
- Cramer v. Singer Mfg. Co.Court of Appeals for the Ninth Circuit · 1899
- General Electric Co. v. Morgan-Gardner Electric Co.Court of Appeals for the Seventh Circuit · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. Onan (Two Cases)Court of Appeals for the Eighth Circuit · 1951
- Chandler & Price Co. v. Brandtjen & Kluge, Inc.Supreme Court of the United States · 1935
- Joseph O. Janousek v. Harold C. Doyle, Louis B. French, Edward Sampson, Parnell Donohue, and William Hladky, (Two Cases)Court of Appeals for the Eighth Circuit · 1963
- Automotive Equipment v. Trico Products CorporationDistrict Court, W.D. New York · 1935
- S. S. Kresge Co. v. Winget Kickernick Co.Court of Appeals for the Eighth Circuit · 1938
21 more not listed; retrieve them via the Exa API.