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MACKINTOSH v. MARKS' ESTATE

No. 15483.

225 F.2d 211 (1955)

R. D. MACKINTOSH et al., Appellants, v. ESTATE of Henry M. MARKS et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 28, 1955.

Attorney(s) appearing for the Case

Samuel J. Tennant, Jr., New Orleans, La., Dhu Thompson, Monroe, La., for appellants.

George M. Snellings, Jr., Allen B. Guthrie, Geo. Gunby, Monroe, La., W. Dan Files, Bastrop, La., E. Leland Richardson, Baton Rouge, La., Harry B. Kelleher, Thomas F. Jordan, New Orleans, La., for appellees.

Jerome S. Hafter, Greenville, Miss., and Wood H. Thompson, Monroe, La., for Estate of Henry M. Marks, appellees.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.

RIVES, Circuit Judge.

A troublesome question concerning indispensable parties must be decided on this appeal. Jurisdiction was based solely on diversity of citizenship. The requisite diversity existed between the parties to the original complaint, but the district court, 15 F.R.D. 332, dismissed the suit for failure of the plaintiffs to comply with the court's order that they join additional parties, whose joinder would have defeated the jurisdiction of the court...

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