Futrell v. City of Newport News

Fourth Circuit

Futrell v. City of Newport News

97 F.2d 566, 1938 U.S. App. LEXIS 3834

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 20, 1938

DocketNo. 4328

StatusPublished

This text of 97 F.2d 566 (Futrell v. City of Newport News) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Futrell v. City of Newport News, 97 F.2d 566, 1938 U.S. App. LEXIS 3834 (4th Cir. 1938).

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Opinion

PER CURIAM.

This is an appeal from an order dismissing an action by an administratrix of a decedent for failure to join her co-administrator as a party. The joinder of the co-administrator would have destroyed the diversity of citizenship necessary to the jurisdiction of the federal court; but we are of opinion that he was an indispensable party and that the action was properly dismissed for failure to join him. Blake v. McKim, 103 U.S. 336, 26 L.Ed. 563; Caylor v. Cooper, C.C., 165 F. 757.

Affirmed.

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PER CURIAM.

This is an appeal from an order dismissing an action by an administratrix of a decedent for failure to join her co-administrator as a party. The joinder of the co-administrator would have destroyed the diversity of citizenship necessary to the jurisdiction of the federal court; but we are of opinion that he was an indispensable party and that the action was properly dismissed for failure to join him. Blake v. McKim, 103 U.S. 336, 26 L.Ed. 563; Caylor v. Cooper, C.C., 165 F. 757.

Affirmed.

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Bluebook (online)

97 F.2d 566, 1938 U.S. App. LEXIS 3834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/futrell-v-city-of-newport-news-ca4-1938.

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