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HAAS v. JEFFERSON NATIONAL BANK OF MIAMI BEACH

No. 30231.

442 F.2d 394 (1971)

William M. HAAS, Plaintiff-Appellant, v. JEFFERSON NATIONAL BANK OF MIAMI BEACH, Defendant-Appellee, and Charles H. Glueck, New Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 22, 1971.

Attorney(s) appearing for the Case

William B. Webber, Robert W. Boughton, Roemisch & Wright, Cleveland, Ohio, for plaintiff-appellant.

Ely R. Katz, Michael H. Salmon, Miami Beach, Fla., for appellee, Jefferson National Bank of Miami Beach.

Thomas R. Spencer, Jr., Kenneth M. Myers, Myers, Kaplan, Porter, Levinson & Kenin, Miami, Fla., Jerome N. Curtis, Murray K. Lenson, Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, for appellee, Charles H. Glueck.

Before GEWIN, AINSWORTH and ALDISERT, Circuit Judges.

ALDISERT, Circuit Judge:

Following a pre-trial conference, the district court entered an order finding that Charles H. Glueck was an "indispensable party" under Fed.R.Civ.Pro. 19, and dismissing the action on the ground that Glueck's presence in the case "violates the requirements of complete diversity." We must determine whether the court's action was appropriate at a pre-trial stage, and, if so, whether it abused its discretion in dismissing the action instead of...

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