Rawlings v. National Molasses Co.

394 F.2d 645 158 U.S.P.Q. 14 Frank N. RAWLINGS, Appellant, v. NATIONAL MOLASSES CO., a corporation, Orita Land & Cattle Corporation, a corporation, Heber Cattle Feeders, a corporation, and Allied Cattle Feeders, a corporation, Appellees. No. 21947. United States Court of Appeals Ninth Circuit. May 14, 1968. 1 Collins Mason (argued), William R. Graham, of Mason & Graham, Los Angeles, Cal., for appellant. 2 William J. Wier, Jr. (argued), Arthur G. Connolly, Sr., Earl Christensen, of Connolly, Bove & Lodge, Wilmington, Del., Herman Selvin, Charles E. Jones, of Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., for appellees. 3 Before HAMLEY and CARTER, Circuit Judges, and SMITH, District Judge. * 4 SMITH, District Judge. 5 Plaintiff below, appeals from a judgment dismissing his action for patent infringement. 6 In April, 1965, when this action was commenced, plaintiff and Feed Service Corporation (Feed Service) were the joint owners of a patent. Plaintiff believing that the patent had been infringed, sued the defendant, National Molasses Co., a corporation, and others. Feed Service, for business reasons of its own, would not join the action as a…