Francis Oil & Gas, Inc., Appellant-Plaintiff v. Exxon Corporation, Appellee-Defendant

WILLIAM E. DOYLE, Circuit Judge.

Francis Oil and Gas, Inc., appellant herein and plaintiff in the trial court, has appealed an unfavorable judgment in this diversity action which was dismissed on a motion for judgment on the pleadings for failure to join indispensable parties as required by Fed.R.Civ.P. 19(b). The indispensable parties were citizens of Oklahoma just as the plaintiff is and it is argued that at least one of these, Phillips Petroleum Co., would be aligned as a defendant so as to destroy the diversity of the plaintiffs and defendant. Francis seeks money damages on its own behalf…