Legal Opinion

Carter v. Montgomery Ward & Co.

District Court, E.D. Tennessee

Decided July 28, 1976No. CIV-2-76-25PublishedCited by 20 opinions

1Opinion of the Court

NEESE, District Judge.

This is a removed, 28 U.S.C. § 1441(a), diversity, 28 U.S.C. § 1332(a)(1), (c), action for the recovery of benefits under an employee-disability plan and its companion trust fund established by the corporate defendant. The plaintiff moved for leave to join as indispensible and necessary parties defendant herein six individuals who are allegedly trustees of such disability plan. Rule 19(a), Federal Rules of Civil Procedure.

Leave hereby is DENIED at this juncture. The plaintiff’s motion for leave “ * * * assumed * * * ” that the proposed new defendants are non-residents of…

2Cases cited22 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. Farmington Dowel Products Co. v. Forster Mfg. Co., Inc.Court of Appeals for the First Circuit · 1970
  3. Clark v. American Marine CorporationDistrict Court, E.D. Louisiana · 1970
  4. Alvares v. EricksonCourt of Appeals for the Ninth Circuit · 1975
  5. Alex Clark, John T. Magee, and Robert Turner v. American Marine CorporationCourt of Appeals for the Fifth Circuit · 1971

17 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Boyer v. J. A. Majors Co. Employees' Profit Sharing PlanDistrict Court, N.D. Georgia · 1979
  2. Hollenbeck v. Falstaff Brewing Corp.District Court, E.D. Missouri · 1985
  3. Ford v. New York Central Teamsters Pension FundDistrict Court, W.D. New York · 1980
  4. Central States Southeast & Southwest Areas Pension Fund v. Hitchings Trucking, Inc.District Court, E.D. Michigan · 1980
  5. Grooms v. SnyderDistrict Court, N.D. Indiana · 1979

15 more not listed; retrieve them via the Exa API.

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