Construction Management Corp. v. Brown & Root, Inc.

Motion for an order to bring a third-party defendant into the action on the ground it is an indispensable party is denied.

Plaintiff Construction Management Corp. (hereinafter referred to as CMC), together with Fred J. Early, Jr., Co. (hereinafter referred to as Early), a California corporation, and a Spanish firm were a combined enterprise in performing a subcontract in the building of a United States air base in Spain. Brown-Baymond-Walsh (hereinafter referred to as BEW), the defendant and third-party plaintiff, was the prime contractor. BEW wished to make final payment, but knowing of a…