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Authors

Abstract

Plaintiff sued Freeman Company for infringing a patent by selling a certain patented device. The manufacturer of the device, and vendor of Freeman Company, obtained leave to intervene as a defendant under federal equity rule 37, and thereupon filed a counterclaim against the plaintiff for alleged infringement of other patents, claiming the right to do so as a "defendant" under federal equity rule 30. The plaintiff moved to dismiss the counterclaim. The motion was granted by the district court and affirmed on appeal by the circuit court. On certiorari the United States Supreme Court held that "defendant" under equity rule 30 did not include an intervening defendant. Hence the motion was properly granted. Chandler & Price v. Brandtjen & Kluge, Inc., (296 U. S. 53) 56 S. Ct. 6 (1935).

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