Davis Companies v. Emerald Casino, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
MANION, Circuit Judge.
Davis Companies filed a complaint against Emerald Casino, Inc., formerly known as HP, 1 and three of its officers, alleging breach of an oral contract pursuant to which Davis was to acquire stock ownership in HP. The defendants moved to dismiss under Fed.R.Civ.P. 12(b)(7) for failure to join Richard Duchossois as a necessary and indispensable party, claiming that he was also a party to the alleged contract. The district court granted the defendants’ motion, and since the joinder of Duchossois would destroy complete diversity the district court dismissed the ac-' tion.…
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