Introducing ATLASLearn more
Legal Opinion

Bank of America National Trust & Savings Ass'n v. Hotel Rittenhouse Associates

Court of Appeals for the Third Circuit

Decided April 26, 1988No. Nos. 87-1322, 87-1323PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

These consolidated appeals, arising out of a bitterly contested battle over the demise of a building project, raise two discrete procedural questions. The first question we will address is whether a suit by a contractor to enforce an arbitration award against the developer and the bank that financed the project renders the developer an indispensable party pursuant to Fed.R. Civ.P. 19. We hold that, given that the arbitration award is joint and several, the contractor may sue the bank alone and that the developer is not an indispensable party.

Second,…

2Cases cited6 opinions

  1. Field v. Volkswagenwerk AGCourt of Appeals for the Third Circuit · 1980
  2. Harris v. PernsleyCourt of Appeals for the Third Circuit · 1987
  3. Bank of America National Trust and Savings Association, a National Banking Association v. Hotel Rittenhouse Associates, a Pennsylvania Limited Partnership, Jack L. Wolgin, Jack L. Wolgin Associates, Inc., a Pennsylvania Corporation, Both General Partners of Hotel Rittenhouse Associates, and Jack L. Wolgin and Muriel Wolgin, Husband and Wife v. Nilsi, N v. Abohar Investments, N v. Khalid Y. Al-Marzook, Jassim Y. Al- Marzook, and Faisal Y. Al-Marzook. Appeal of Fab III Concrete Corporation. Fab III Concrete Corporation v. Bank of America National Trust and Savings AssociationCourt of Appeals for the Third Circuit · 1986
  4. Delaware Valley Citizens' Council for Clean Air, American Lung Association of Philadelphia, and Montgomery County, Delchester Lung Association, Sierra Club, Pennsylvania Chapter, Friends of the Earth of the Delaware Valley, Citizens' Committee for Environmental Control, Quinn, Kevin, Farrell, Kaysi, Weis, Ruth G., Klinkner, John, Biez, Elizabeth S., Shulman, Mona v. Commonwealth of Pa., and Train, Russell E., Ind. And as Administrator of the Environmental Protection Agency, Sherlock, William T., Individually and as Secretary of the Pa. Dept. Of Transportation, Goddard, Maurice K., Individually and as Secretary of the Pa. Dept. Of Environmental Resources, Snyder, Daniel, J., Iii, Individually and as Regional Administrator of the Environmental Protection Agency, Region Iii. United States of America v. Commonwealth of Pennsylvania the Pennsylvania Department of Transportation and William T. Sherlock, Secretary of the Pennsylvania Department of Transportation the Pennsylvania Department of Environmental Resources and Maurice K. Goddard, Secretary of the Pennsylvania Department of Environmental Resources. Appeal of Representatives Fred Belardi, and Senator Edward P. Zemprelli, Applicants-IntervenorsCourt of Appeals for the Third Circuit · 1982
  5. Joel S. Abel v. American Art Analog, Inc. And Michael D. Zellman and Philip Cohen. Appeal of American Art Analog, Inc. And Philip CohenCourt of Appeals for the Third Circuit · 1988

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

3Cited by19 opinions

  1. Mountain Top Condominium Association v. Dave Stabbert Master Builder, Inc.Court of Appeals for the Third Circuit · 1995
  2. Bank of America National Trust and Savings Association, a National Banking Association, in No. 87-1322 v. Hotel Rittenhouse Associates, a Pennsylvania Limited Partnership, Wolgin, Jack L., Jack L. Wolgin Associates, Inc., a Pennsylvania Corporation, Both General Partners of Hotel Rittenhouse Associates, and Wolgin, Jack L. And Wolgin, Muriel, Husband and Wife v. Nilsi, N v. Abohar Investments, N v. And Khalid Y. Al-Marzook, Jassim Y. Al-Marzook, Faisal Y. Al-Marzook, Fab III Concrete Corporation, Proposed Intervenor, in No. 87-1322. Fab III Concrete Corporation, in No. 87-1323 v. Bank of America National Trust and Savings Association, in No. 87-1323Court of Appeals for the Third Circuit · 1988
  3. Securities Investor Protection Corp. v. Murphy (In Re Selheimer & Co.)United States Bankruptcy Court, E.D. Pennsylvania · 2005
  4. Giampietro v. Viator, Inc.District Court, E.D. Pennsylvania · 2015
  5. ATLANTIC WRECK SALVAGE, LLC v. THE WRECKED AND ABANDONED VESSEL KNOWN AS THE S.S. CAROLINA WHICH SANK IN 1918, HER ENGINES, TACKLE, APPURTENANCES AND CARGODistrict Court, D. New Jersey · 2021

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API