John S. Gorsuch v. Fireman's Fund Insurance Company

Fireman’s Fund Insurance Company, a California corporation, brought this action to obtain a declaratory adjudication with regard to the rights of the parties in and under the supersedeas bond, and with regard to plaintiff’s duty to return cash and corporate stock deposited with it in connection with the issuance of that bond. Named as defendants were the executors of the estate of Elmer W. Duhame, deceased (all referred to herein as Duhame), Angus J. DePinto, John S. Gorsuch, and Provident Security Life Insurance Company (Provident). The defendants are citizens of states other than California and district court jurisdiction was based on diversity of citizenship. 28 U.S.C. § 1332 (1964).

All defendants, except Gorsuch filed answers. Those of Duhame and DePinto contained counterclaims. Gorsuch moved to dismiss the action on the ground that there had been a failure to join Albert J. Doig as an indispensable party defendant. DePinto and Duhame then moved for summary judgment on their respective counterclaims. On November 18, 1964, the district court denied Gorsuch’s motion to dismiss and granted the motions for summary judgment. On December 7, 1964, plaintiff applied for a judgment…