Kaneko Shoji, Ltd., a Japanese Corporation v. Katsura Enterprise, Inc., a Washington Corporation

Good Law
91 F.3d 152·1996 WL 422879·1996 U.S. App. LEXIS 36584
United States Court of Appeals for the Ninth CircuitJuly 29, 199695-35368California906 words

Opinion

Opinion

91 F.3d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. KANEKO SHOJI, LTD., a Japanese corporation, Plaintiff-Appellant, v. KATSURA ENTERPRISE, INC., a Washington corporation, Defendant-Appellee. No. 95-35368. United States Court of Appeals, Ninth Circuit. Argued and Submission Deferred May 8, 1996. Submitted May 22, 1996. Decided July 29, 1996. Before: LAY, * CHOY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Kaneko Shoji, Ltd., a Japanese corporation, appeals the dismissal under Fed.R.Civ.P. 19 of its action against Katsura Enterprise, Inc., a Washington corporation. The district court granted the motion to dismiss for failure to join indispensable parties, whose joinder would destroy diversity. 3 Under Rule 19, the district court must first determine whether an absent party is "necessary" to the action; then, if that party cannot be joined, the court must determine whether the party is "indispensable" so that in equity and good conscience the action should be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.