Legal Opinion

Trans Pacific Corporation, a District of Columbia Corporation v. South Seas Enterprises, Ltd.

Court of Appeals for the Ninth Circuit

Decided June 15, 1961No. 17254PublishedCited by 8 opinions

1Per curiam

In a diversity action for breach of contract, the court below dismissed plaintiff-appellant’s first amended complaint, for failure to join indispensable parties. This is an appeal from such decision. 28 U.S.C. § 1291.

A party is indispensable if his interest is such that a decree cannot be rendered that will not affect his interest, or if such party’s absence leaves the controversy in such a condition that its final determination is wholly inconsistent with equity and good conscience. Barney v. Baltimore City, 1867, 6 Wall. 280, 284, 73 U.S. 280, 284, 18 L.Ed. 825; De Korwin v. First Nat. Bank…

2Cases cited5 opinions

  1. Barney v. Baltimore CitySupreme Court of the United States · 1868
  2. Ward v. Deavers Young v. WardCourt of Appeals for the D.C. Circuit · 1953
  3. Greenleaf v. Safeway Trails, Inc.Court of Appeals for the Second Circuit · 1944
  4. De Korwin v. First Nat. Bank of ChicagoCourt of Appeals for the Seventh Circuit · 1946
  5. United States v. Maud L. ElferCourt of Appeals for the Ninth Circuit · 1957

3Cited by8 opinions

  1. Northrop Corp. v. McDonnell Douglas Corp.Court of Appeals for the Ninth Circuit · 1983
  2. Siaca v. DCC Operating, Inc.Court of Appeals for the First Circuit · 2007
  3. Wolgin v. Atlas United Financial CorporationDistrict Court, E.D. Pennsylvania · 1975
  4. Reid v. Liberty Consumer Discount Co. of Pa.District Court, E.D. Pennsylvania · 1980
  5. Brackin Tie, Lumber & Chip Company, Inc. v. McLarty Farms, Inc.Court of Appeals for the Eleventh Circuit · 1983

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