ICON GROUP, INC. v. MAHOGANY RUN DEVELOPMENT CORP.

No. 86-3633.

829 F.2d 473 (1987)

ICON GROUP, INC., Appellant, v. MAHOGANY RUN DEVELOPMENT CORP., Armour Joint Venture, Criswell Development Company, Merrill Lynch Private Capital Corp., Freyer Corporation, Lovenlund Resorts Associates, James Armour, Carl Freyer, William Criswell, and Sharon Criswell.

United States Court of Appeals, Third Circuit.

Decided September 30, 1987.


Attorney(s) appearing for the Case

Stephen A. Brusch (argued), Palmer & D'Amour, Charlotte Amalie, St. Thomas, V.I., for appellant.

Gregory H. Hodges, Dudley & Topper, Charlotte Amalie, St. Thomas, V.I., for appellees Criswell Development Co., Lovelund Resorts Associates, William Criswell and Sharon Criswell.

Adriane J. Dudley (argued), Charlotte Amalie, St. Thomas, V.I., for appellees Mahogany Run Development Corp., Armour Joint Venture and James Armour.

Joseph Bruce W. Arellano (argued), Campbell & Arellano, Charlotte Amalie, St. Thomas, V.I., for appellee Merrill Lynch Private Capital, Inc.

Before SEITZ, HIGGINBOTHAM and ROSENN, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This is an appeal from the district court's dismissal of the complaint of plaintiff-appellant ICON Group, Inc. ("ICON"), 112 F.R.D. 201. Finding that joinder of certain interested non-parties was required under Federal Rules 17 and 19, the district court, on two occasions, ordered ICON to join those non-parties. After concluding that ICON had not complied with either of its

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