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MORGAN GUARANTY TRUST COMPANY OF NEW YORK v. MARTIN

No. 71-1339.

466 F.2d 593 (1972)

MORGAN GUARANTY TRUST COMPANY OF NEW YORK, a banking corporation, Plaintiff-Appellant, v. Dr. Robert E. Martin, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 15, 1972.

Attorney(s) appearing for the Case

John B. Huck, Harry P. Lamberson, Stephen E. Kitchen, Chicago, Ill., Chapman & Cutler, Chicago, Ill., of counsel, for plaintiff-appellant.

I. Harvey Levinson, Chicago, Ill., for defendant-appellee.

Before SWYGERT, Chief Judge, STEVENS, Circuit Judge, and ESCHBACH, District Judge.

PER CURIAM.

The question presented by this case is whether the district court properly dismissed this action under Rule 19, Fed. R.Civ.P., which provides that an action may be dismissed if a person who cannot be joined is regarded as indispensable under the criteria set forth in the rule.

I.

In December 1967, defendant Martin bought $20,630 worth of stock through his broker, Smith, Barney & Co., Morgan Guaranty Trust Company, plaintiff herein...

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