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SWIFT v. FRUEHAUF

No. 85-1216.

801 F.2d 838 (1986)

Stanley H. SWIFT and Marion Swift, Plaintiffs-Appellants, v. J.A. FRUEHAUF, a/k/a Janet Allen Fruehauf, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1986.

Attorney(s) appearing for the Case

Stanley H. Swift, Marion E. Swift, Gaylord, Mich., for plaintiffs-appellants.

J. Andrew Domagalski, Jeffrey D. VanLeuwen, Richland, Mich., for defendant-appellee.

Before KEITH and BOGGS, Circuit Judges; and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

Plaintiffs, Stanley and Marion Swift, appeal from the district court order dismissing their action because plaintiffs' amended complaint created new indispensable parties, whose presence destroyed complete diversity. We find nothing in the record to indicate that the plaintiffs ever filed an amended complaint or that they were granted leave to do so. Thus, the district court's order — based on the finding that plaintiffs' motion for leave to amend...

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