WHYTE v. BADER

No. 85C2279.

57 B.R. 784 (1985)

Maurice R. WHYTE, Plaintiff, v. D. James BADER, Raymond J. Eustace, Jack M. Carlstrom, Lynn M. Carlstrom, Mainline Petroleum Distributors, Inc., an Illinois corporation, and South Holland Trust & Savings Bank, as Trustee under Trust Agreement dated June 17, 1982, and known as Trust No. 6335, Defendants.

United States District Court, N.D. Illinois, E.D.

December 6, 1985.


Attorney(s) appearing for the Case

Donald L. Wennlund & Associates, New Lenox, for plaintiff.

Robert A. Downing, Sidley & Austin, Eugene A. Schoon, Chicago, for defendants.


Memorandum

LEIGHTON, District Judge.

This cause is before the court on the motion of defendant D. James Bader to dismiss pursuant to Rule 12(b)(7), Fed.R. Civ.P., for failure to join an indispensable party. He contends that the allegations in this suit are identical in all material respects to those in a bankruptcy adversary proceeding also pending in this court, except that the bankrupt, Thomas A. Eustace, has not been named in the case because of the automatic...

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