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RAMADA INNS, INC. v. ROSEMOUNT MEMORIAL PARK ASS'N

No. 78-2165.

598 F.2d 1303 (1979)

RAMADA INNS, INC., a Corporation of the State of Delaware, J. O. Kislak Realty Corp., Plaintiff-Intervenor, v. ROSEMOUNT MEMORIAL PARK ASSOCIATION, a Cemetery Association of the State of New Jersey, and Gross, Demetrakis & Sinisi, Esqs., a law partnership of the State of New Jersey, successors to Gross, Demetrakis & Donohue, Esqs., as Escrow Agent, William F. Hyland, Attorney General of the State of New Jersey, and New Jersey Cemetery Board, Demetrakis & Dollinger Ramada Inns, Inc., a Corporation of the State of Delaware, Rosemount Memorial Park Association, Gross, Demetrakis & Sinisi, Esqs., a law partnership of the State of New Jersey, successors to Gross, Demetrakis & Donohue, Esqs., as Escrow Agent, Defendants-Intervenor. Appeal of RAMADA INNS, INC., Plaintiff.

United States Court of Appeals, Third Circuit.

Decided May 16, 1979.

Attorney(s) appearing for the Case

David R. Simon (argued), Simon & Allen, Newark, N. J., for appellant; Richard B. Gelfond, Newark, N. J., on brief.

John J. Degnan, Atty. Gen. of New Jersey, Trenton, N. J., for appellees, Attorney General of New Jersey and New Jersey Cemetery Board; Erminie L. Conley, Asst. Atty. Gen., Trenton, N. J., of counsel; Mark S. Rattner (argued) Deputy Atty. Gen., Trenton, N. J., on brief.

Gladstone, Hart & Rathe, Hackensack, N. J., for appellee, Rosemount Memorial Park Association; Marvin H. Gladstone (argued), Milton Max Manshel, Jr. (argued), Hackensack, N. J., on brief.

Before SEITZ, Chief Judge, and ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This diversity case involving a contract dispute over a proposed sale of land by a private cemetery to a hotel chain requires us to decide if the state of New Jersey is a real party in interest to this controversy. Section 8A:3-21 of the New Jersey Statutes makes the Attorney General of New Jersey and the state cemetery board necessary and indispensable parties to any litigation involving a cemetery within the...

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