Sylvia Mendiola v. Raymond P. Hart, J. J. Mata, C. H. Mata, and L. H. C. Operating Co., Inc.

Appellant Mendiola, a citizen of the Republic of Mexico, brought this diversity action 1 against three physicians, all residents of Texas, and a hospital, incorporated under the laws of Texas, for malpractice. She simultaneously filed suit in the Texas state court against a fourth doctor, Roberto Gomez Lugo, a Mexican citizen, on the same cause of action. 2

Two of the defendants (Dr. Hart and L.H.C. Operating Co., Inc., the hospital) moved for dismissal for failure of appellant to join Dr. Lugo. They alleged that Dr. Lugo was an indispensable party because he had participated in the surgical…