
    AREY v. GOODYEAR TIRE & RUBBER CO.
    Civ. No. 25038.
    United States District Court N. D. Ohio, E.. D.
    Jan. 29, 1951.
    Gordon C. Arey, Cincinnati, Ohio, Arthur H. VanHorn, Cleveland, Ohio, for plaintiff.
    Luther E. Morrison, New York City, S. D. Jackson, Jr., Cleveland, Ohio, for defendant.
   JONES, Chief Judge.

This is a patent infringement action brought by the owner of the patent. The exclusive licensee of the patent refuses to join as plaintiff and plaintiff now moves to add the licensee as party defendant.

It would appear that the exclusive licensee is a necessary and indispensible party to this action. Since it refuses to join, the licensee may be made a defendant in the action. Fed.Rules Civ.Proc. rule K>, 28 U.S.C.A.

Motion will be sustained.  