C. G. Ball (Margaret Eliza Ball, Temporary Administratrix, Etc., Substituted in Place of C. G. Ball, Deceased) v. Victor Adding MacHine Company

(specially concurring).

I concur in the result achieved in the able opinion of Judge BROWN and in most of its language. I would, however, base the reversal chiefly upon the fact, so clearly reflected in the record, that the Employer is the real party in interest and that the Court below can dispose of the issues of the case with the parties before it. Cf. Rules 17 and 19, F.R.C.P., 28 U.S.C.A. and Shields v. Barrow, 17 How. 129, 15 L.Ed. 158.

Both the Trustee and the Retirement Committee are mere agents of appellee, subject to its will and therefore bound to do its bidding. Such an agent is not…