Dolphin v. Starr
This text of 130 F.2d 868 (Dolphin v. Starr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The sole question presented to this court in this case, namely, whether the Postmaster General of the United States is an indispensable party to a suit of this nature, has been heretofore decided by this court, and the question is no longer open to dispute. We held, in Neher v. Harwood, Postmaster, etc., 9 Cir., 128 F.2d 846, 852, that the Postmaster General was an indispensable party in an action to enjoin a postmaster from carrying into effect a “fraud” order issued by the Postmaster General under 39 U.S. C.A. § 259.
Accordingly, the order of the court below is affirmed.
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Cite This Page — Counsel Stack
130 F.2d 868, 1942 U.S. App. LEXIS 3214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolphin-v-starr-ca9-1942.