Trans Pacific Corporation, a District of Columbia Corporation v. South Seas Enterprises, Ltd.

In a diversity action for breach of contract, the court below dismissed plaintiff-appellant’s first amended complaint, for failure to join indispensable parties. This is an appeal from such decision. 28 U.S.C. § 1291 .

A party is indispensable if his interest is such that a decree cannot be rendered that will not affect his interest, or if such party’s absence leaves the controversy in such a condition that its final determination is wholly inconsistent with equity and good conscience. Barney v. Baltimore City, 1867, 6 Wall. 280, 284 , 73 U.S. 280, 284 , 18 L.Ed. 825 ; De Korwin v. First Nat. Bank of Chicago, 7 Cir., 1946, 156 F.2d 858, 861 , certiorari denied 329 U.S. 795 , 67 S.Ct. 481 , 91 L.Ed. 680 . 3 Moore, Federal Practice 2150.

Appellees assert that the testimony and records of the absent parties are crucial to a proper determination of this case.

This is an evidentiary problem, and not one that, ipso facto, creates a misjoinder. Appellees’ argument confuses the role of the absent persons as witnesses with their role as parties.

Nor, ipso facto, are joint obligors indispensable parties, Greenleaf v. Safeway Trails, Inc., 2 Cir., 1944, 140 F.2d 889 , certiorari denied…