WESTERN MARYLAND RAILWAY COMPANY, et al., Appellants,
v.
HARBOR INSURANCE COMPANY, et al., Appellees.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 13, 1990.
Decided August 3, 1990.
Attorney(s) appearing for the Case
Sherry W. Gilbert, with whom Jerold Oshinsky and Christopher J. Cherry was on the brief, for appellants in Nos. 89-7154 and 89-7155.
James W. Greene, II, for appellees in Nos. 89-7154 and 89-7155. Also on the brief were Dennis M. Flannery, David M. Becker, and Lynn Bregman for Ins. Co. of North America and California Union Ins. Co.; James E. Rocap, III, for Aetna Cas. and Sur. Co. and Federal Ins. Co.; Kevin Faley, for Allianz Underwriters Ins. Co.; James P. Schaller, M. Elizabeth Medaglia, and Antoinette P. LeBol for American Home Assur. Co., et al.; Richard H. Gimer and Stephen L. Humphrey, for Falcon Ins. Co.; William J. Bowman for First State Ins. Co.; Roger E. Warin and Steven Davidson for Highlands Ins. Co. and The Home Ins. Co.; George Marshall Moriarty, Kenneth W. Erickson, and Eric A. Smith for Intern. Surplus Lines Ins. Co. and The North River Ins. Co.; Brian C. Shevlin for Interstate Indem. Co.; David O. Godwin, Jr. for Nationwide Ins. Co.; Lawrence E. Carr, Jr. and Margaret W. Warner for The Travelers Ins. Co.; Robert E. Higgestad for Universal Reinsurance Co. and Southern American Ins. Co.; and John F. Mahoney, Jr. for U.S. Liability Ins. Co. Mark Mathews also entered an appearance for California Union Ins. Co.
Before EDWARDS, SENTELLE, and THOMAS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge CLARENCE THOMAS.
CLARENCE THOMAS, Circuit Judge:
When a party to a federal lawsuit moves to join a nonparty resisting joinder, the district court must answer three questions: Should the absentee be joined?1 If the absentee should be joined, can the absentee be joined?2 If the absentee cannot be joined, should the lawsuit proceed without her nonetheless?
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