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ASSOCIATED DRY GOODS v. TOWERS FINANCIAL CORP.

No. 1818, Docket 89-9058.

920 F.2d 1121 (1990)

ASSOCIATED DRY GOODS CORPORATION, Plaintiff-Appellant, v. TOWERS FINANCIAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 12, 1990.

Attorney(s) appearing for the Case

Martin E. Karlinsky, New York City (Robert P. Stein, Scheffler, Karlinsky & Stein, New York City, Judson W. Calkins, Office of Legal Counsel, The May Dept. Stores Co., St. Louis, Mo., of counsel), for plaintiff-appellant.

Dale A. Schreiber (Stephen P. Kramer, Loretta A. Sposito, Proskauer, Rose, Goetz & Mendelsohn, New York City, of counsel), for defendant-appellee.

Before MESKILL and ALTIMARI, Circuit Judges, and RESTANI, Judge.

ALTIMARI, Circuit Judge:

The central question presented by this appeal is whether a court may dismiss an action for failure to join an indispensable party, notwithstanding defendant's ability to join the party in question by asserting a compulsory counterclaim against it. Plaintiff-appellant Associated Dry Goods Corp. ("Associated") appeals from a judgment, entered in the United States District Court for the Southern District...

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