TRANS PACIFIC CORP. v. SOUTH SEAS ENTERPRISES, LTD.

No. 17254.

291 F.2d 435 (1961)

TRANS PACIFIC CORPORATION, a District of Columbia Corporation, Appellant, v. SOUTH SEAS ENTERPRISES, LTD., et al., Appellees.

United States Court of Appeals Ninth Circuit.

June 15, 1961.


Attorney(s) appearing for the Case

Hamilton, Murray, Elliott, Mueller, Aune & Stood, by Richard D. Hamilton, Santa Ana, Cal., for appellant.

Rhyne & Rhyne and Charles S. Rhyne, W. Dean Wagner, Thomas P. Brown, III, Washington, D. C., and J. E. Simpson, Los Angeles, Cal., for appellee.

Before BARNES, MERRILL and KOELSCH, Circuit Judges.


PER CURIAM.

In a diversity action for breach of contract, the court below dismissed plaintiff-appellant's first amended complaint, for failure to join indispensable parties. This is an appeal from such decision. 28 U. S.C. § 1291.

A party is indispensable if his interest is such that a decree cannot be rendered that will not affect his interest, or if such party's absence leaves the controversy in such a condition that its final determination is wholly...

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