Nachod & United States Signal Co. v. Automatic Signal Corp.

HINCKS, District Judge.

On October 15, 1938, I entered two orders: (1) an order dismissing as to the Signal Corporation for lack of venue, and (2) an order dismissing the bill on the ground that the Signal Corporation was an indispensable party. The plaintiff never appealed from the order dismissing, as to Signal; it did, however, appeal from the order dismissing for lack of an indispensable party and the Circuit Court of Appeals affirmed, Nachod v. Engineering & Research Corp., 2 Cir., 108 F.2d 594.

But before this court had entered its order on the mandate the case of Neirbo v. Bethlehem…