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BRODSKY v. PERTH AMBOY NATIONAL BANK

No. 12558.

259 F.2d 705 (1958)

Irving BRODSKY v. The PERTH AMBOY NATIONAL BANK, A Banking Corporation Organized Under the Laws of the United States, Appellant.

United States Court of Appeals Third Circuit.

Decided October 7, 1958.

Attorney(s) appearing for the Case

Arthur J. Sills, Perth Amboy, N. J. (Wilentz, Goldman, Spitzer & Sills, Perth Amboy, N. J., on the brief), for appellant.

Morton Stavis, Newark, N. J. (Gross, Goldberger & Stavis, Newark, N. J., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

This appeal arises out of the dismissal by the district court of a counterclaim asserted by the Perth Amboy National Bank ("Bank") against Irving Brodsky. The district court based its dismissal both on the failure of Bank to join indispensable parties and on the merits.

Our attention will be directed solely to the indispensable parties issue inasmuch as we deem it to be critical and dispositive on this appeal.

The facts are...

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