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BANK OF AMERICA v. HOTEL RITTENHOUSE ASSOCIATES

Nos. 87-1322, 87-1323.

844 F.2d 1050 (1988)

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national banking association, Appellee in No. 87-1322, v. HOTEL RITTENHOUSE ASSOCIATES, a Pennsylvania limited partnership, Wolgin, Jack L., Jack L. Wolgin Associates, Inc., a Pennsylvania corporation, both general partners of Hotel Rittenhouse Associates, and Wolgin, Jack L. and Wolgin, Muriel, husband and wife v. NILSI, N.V. Abohar Investments, N.V. and Khalid Y. Al-Marzook, Jassim Y. Al-Marzook, Faisal Y. Al-Marzook, Fab III Concrete Corporation, proposed intervenor, Appellant in No. 87-1322. FAB III CONCRETE CORPORATION, Appellant in No. 87-1323, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, Appellee in No. 87-1323.

United States Court of Appeals, Third Circuit.

Decided April 26, 1988.

Attorney(s) appearing for the Case

Leonard J. Bucki (argued), Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for appellant FAB III Concrete Corp. in Nos. 87-1322 and 1323.

Joseph C. Kohn (argued), Harold E. Kohn, Kohn, Savett, Klein & Graf, P.C., Philadelphia, Pa., for appellee Bank of America Nat. Trust and Sav. Ass'n in Nos. 87-1322 and 1323.

Before SLOVITER, BECKER, and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

These consolidated appeals, arising out of a bitterly contested battle over the demise of a building project, raise two discrete procedural questions. The first question we will address is whether a suit by a contractor to enforce an arbitration award against the developer and the bank that financed the project renders the developer an indispensable party pursuant to Fed.R.Civ.P. 19. We hold that, given that the...

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