Eagle Associates v. Bank of Montreal

I concur in my colleagues’ holding that the judgment of the district court should be affirmed. However, I base my concurrence upon the failure of the three named defendants, Eagle Associates and its two general partners Howard R. Schuster and Robert R. Bolding, to comply with the district judge’s orders to attend pretrial conferences. I respectfully disagree with my colleagues’ holding that one of two general partners, sued with the partnership on a contract indebtedness, cannot represent the defendant partnership as well as himself in court.

Many years ago, in an opinion written by the…