Legal Opinion
Woburn Decreasing Co. v. Spencer Kellogg & Sons, Inc.
District Court, W.D. New York
Decided February 3, 1943No. 452PublishedCited by 6 opinions
1Opinion of the Court
KNIGHT, District Judge.
This is a patent infringement suit. The United States of America seeks to intervene, and the basis of the application is Rule 24(b) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.
It is not claimed that the government makes the application as a matter of right, but urges that it should be allowed in the discretion of the court, since its claim and the main action have a question of law and fact in common.
The foregoing rule is to have a liberal construction. Brotherhood of Locomotive Engineers v. Chicago, M., Etc. R. Co., D.C., 34 F.Supp.…
2Cases cited14 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
- Ethyl Gasoline Corp. v. United StatesSupreme Court of the United States · 1940
- Leitch Manufacturing Co. v. Barber Co.Supreme Court of the United States · 1938
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clark v. Sandusky Appeal of De RoseCourt of Appeals for the Seventh Circuit · 1953
- Crosby Steam Gage & Valve Co. v. Manning, Maxwell & Moore, Inc.District Court, D. Massachusetts · 1943
- Shipley v. Pittsburgh & L. E. R. Co.District Court, W.D. Pennsylvania · 1947
- Jewell Ridge Coal Corp. v. Local No. 6167 United Mine Workers of AmericaDistrict Court, W.D. Virginia · 1943
- In re Rumsey Mfg. Corp.District Court, W.D. New York · 1949
1 more not listed; retrieve them via the Exa API.