Irving Brodsky v. The Perth Amboy National Bank, a Banking Corporation Organized Under the Laws of the United States

KALODNER, Circuit Judge.

This appeal arises out of the dismissal by the district court of a counterclaim asserted by the Perth Amboy National Bank (“Bank”) against Irving Brodsky. The district court based its dismissal both on the failure of Bank to join indispensable parties and on the merits.

Our attention will be directed solely to the indispensable parties issue inasmuch as we deem it to be critical and dispositive on this appeal.

The facts are detailed in the district court’s opinion, D.C.N.J.1957, 156 F.Supp. 316. Only the following facts, relevant to our consideration, need here be…