Merrill Lynch, Pierce, Fenner & Smith, Inc. v. ENC Corp.
Opinion
Lead Opinion
Noonan, J.
ORDER AMENDING OPINION AND AMENDED OPINION
ORDER
The opinion filed on May 4, 2006, is amended as follows: on slip opinion page 5038, lines 29-32, the following sentence is deleted: “The phrase 'equity and good conscience’ in our judicial usage is coterminous with the first opinions of the United States Supreme Court. See Hollingsworth v. Ogle, 1 U.S. 257 , 1 Dali. 257, 1 L.Ed. 126 (1788).”
On slip opinion page 5038, line 29, the following sentence is added: “The phrase *1076 ‘equity and good conscience’ in our judicial usage is coterminous with the early opinions of the United States Supreme Court. See Elmendorf v. Taylor, 28 U.S. (10 Wheat.) 152 , 181, 6 L.Ed. 289 (1825).”
OPINION
In this interpleader action, appeal is made by the several parties dissatisfied with the decision of the district court awarding the funds in dispute to the Class of Human Rights Victims represented by Mariano Pimental (Pimental). We hold that the Republic of the Philippines and the Presidential Commission on Good Government (the PCGG) (collectively, the Republic) are not indispensable parties under Fed.R.Civ.P. 19(b). We affirm the judgment of the district court as modified below.