PURCEL v. WELLS

No. 5266.

236 F.2d 469 (1956)

Milford S. PURCEL and Joseph A. Kane, Appellants, v. Cecil G. WELLS and James A. Wells, d/b/a Wells & Son Construction Company; and American Surety Company of New York, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 17, 1956.


Attorney(s) appearing for the Case

Morris I. Jaffe, Dallas, Tex. (Cohen, Roberts & Kohler, Atlanta, Ga., and Milsten, Milsten & Morehead, Tulsa, Okl., were with him on the brief), for appellants.

Dickson M. Saunders, Tulsa, Okl. (Doerner, Rinehart & Stuart, Tulsa, Okl., and Scurry, Scurry & Pace, Dallas, Tex., were with him on the brief), for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

This is an appeal from a judgment dismissing appellants' complaint for defect of parties plaintiff and failure to join indispensable parties defendant.

The pleadings, exhibits, and uncontroverted affidavits show that on August 15, 1951, Wells & Son Construction Co., a partnership composed of the defendants Cecil G. Wells and James A. Wells, entered into a joint venture with Lewis Grinnan Co., a partnership, and M. A. B. Corporation...

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