JUDGMENTS - PROPRIETY OF FINDING THAT A NONPARTY CONDUCTED THE DEFENSE

A patent infringement suit against a distributor was dismissed on the ground that plaintiff's patents were invalid. A finding was incorporated in the judgment that the defense had been "openly and avowedly conducted" by the manufacturer of the article distributed by defendant. Plaintiff objected that the finding "on its face would be a valid estoppel" in case plaintiff later wished to sue the manufacturer in a separate suit. Held, that plaintiff was entitled to have the finding deleted from the judgment since the finding was not necessary to a disposition of the issues between plaintiff and defendant.

Minneapolis- Honeywell Regulator Co. v. Thermoco, Inc., (C. C. A. 2d, 1941) 116 F. (2d) 845.