MUTUAL BOILER AND MACHINERY INSURANCE COMPANY v. REYNOLDS METALS COMPANY

No. 22401.

352 F.2d 520 (1965)

MUTUAL BOILER AND MACHINERY INSURANCE COMPANY, Appellant, v. REYNOLDS METALS COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 15, 1965.


Attorney(s) appearing for the Case

Douglas Arant, John H. Morrow, Birmingham, Ala., John L. Saltonstall, Jr., Boston, Mass., Gorman R. Jones, Jr., Sheffield, Ala., Macbeth Wagnon, Jr., Birmingham, Ala., McDonnell & Jones, Sheffield, Ala., Bradley, Arant, Rose & White, Birmingham, Ala., Hill & Barlow, Boston, Mass., of counsel, for appellant.

Clopper Almon, Sheffield, Ala., Frank B. Gary, Harold W. Jacobs, Columbia, S. C., Vincent McAlister, Sheffield, Ala., W. Tobin Lennon, Richmond, Va., Almon & McAlister, Sheffield, Ala., Cooper, Gary, Nexsen & Pruet, Columbia, S. C., of counsel, for appellee.

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


PER CURIAM:

This is an appeal from an order of the trial court refusing to dismiss Reynolds Metals Company's suit for failure to join two fire insurance companies as joint defendants.

It being clear that the present suit can go to judgment on an "accident" policy of the named defendant without any legal adverse effect or any serious practical adverse effect on the interests of the two fire insurance carriers if they are not made parties, and...

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