Ray L. Glenny v. American Metal Climax, Inc., and Amax Lead & Zinc, Inc.

HILL, Circuit Judge.

Appellants, landowners in the vicinity of the smelter belonging to Blackwell Zinc Company, brought this action against the smelter’s parent companies American Metal Climax, Inc. (AMAX) and AMAX Lead & Zinc, Inc. (ALZ) to enjoin the operation of the smelter and to recover compensatory and punitive damages totaling $4,998,414. Appellees AMAX and ALZ thereafter filed a motion to dismiss pursuant to Rule 19(b), F.R.Civ.P., on the ground that the smelter’s owner and operator, Blackwell Zinc Company, was an indispensable party to the lawsuit. The United States District Court for…