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NIX v. SPECTOR FREIGHT SYSTEM, INC.

No. 12601.

264 F.2d 875 (1959)

William A. NIX (and 43 Others), Plaintiffs-Appellants, v. SPECTOR FREIGHT SYSTEM, INC., a Corporation, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided February 9, 1959.

Rehearing Denied April 1, 1959.

Attorney(s) appearing for the Case

John J. Bracken, Newark, N. J. (Bracken & Walsh, Newark, N. J., on the brief), for appellants.

Herbert Burnstein, New York City (Zelby & Burstein, New York City, Davidson & Miniutti, Jersey City, N. J., on the brief), for appellee.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The judgment from which this appeal has been taken is an order dismissing a complaint for failure to join a party deemed indispensable within the meaning and requirement of Rule 12(b) (7), Federal Rules of Civil Procedure, 28 U.S.C.

In their complaint appellants allege that they are employees of the defendant-appellee, Spector Freight System, Inc. as a result of the absorption of the business of their former employer, Mid-States Freight...

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