Legal Opinion

Pioche Mines Consol., Inc. v. Fidelity-Philadelphia Trust Co.

Court of Appeals for the Ninth Circuit

Decided September 2, 1953No. 12865_1PublishedCited by 47 opinions

1Opinion of the Court

HEALY, Circuit Judge.

We heretofore ordered the dismissal of the supplemental complaint of appellee Fidelity in this case for absence of indispensable parties. Pioche Mines Consolidated v. Fidelity-Philadelphia Trust Co., 202 F.2d 944. In ruling on the case we neglected the issue whether the trial court’s dismissal of Pioche’s counterclaim was proper. Pioche petitioned for a rehearing requesting that we pass on that matter. Fidelity was asked to present a brief expressing its views on the subject and has done so. To this Pioche has replied, and the neglected issue is now before us for…

2Cases cited5 opinions

  1. Higgins v. Shenango Pottery Co.District Court, W.D. Pennsylvania · 1951
  2. Isenberg v. BiddleCourt of Appeals for the D.C. Circuit · 1941
  3. Chambers v. CameronDistrict Court, N.D. Illinois · 1939
  4. Pioche Mines Consol., Inc. v. Fidelity-Philadelphia Trust Co.Court of Appeals for the Ninth Circuit · 1953
  5. Morgan Electric Co., Inc. v. NeillCourt of Appeals for the Ninth Circuit · 1952

3Cited by47 opinions

  1. Pioche Mines Consolidated, Inc., Ely Valley Mines, Inc., and John Janney v. Helen Dolman, John Janney v. Helen DolmanCourt of Appeals for the Ninth Circuit · 1964
  2. Sams v. Beech Aircraft Corp.Court of Appeals for the Ninth Circuit · 1980
  3. Aldens, Inc. v. PackelCourt of Appeals for the Third Circuit · 1975
  4. Federal Deposit Insurance Corporation v. La Rambla Shopping Center, Inc.Court of Appeals for the First Circuit · 1986
  5. Scott v. United StatesUnited States Court of Claims · 1965

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