INSURANCE COMPANY OF NORTH AMERICA

v.

HOWE

Citator

Cited By (11 total)

• Petition of Canal Barge Co., Inc. v. Griffith, 480 F.2d 11 (5th Cir. 1973)
  …rson who, according to the governing substantive law, is entitled to enforce the right.” Id. § 1543, at 643; see Gagliano ex rel. Gagliano v. Bernsen, 243 F. 2d 880 (5th Cir. 1957); Young v. Powell, 179 F. 2d 147, 150 n. 10 (5th Cir.), cert. denied, 339 U.S. 948, 70 S.Ct. 804, 94 L.Ed. 1362 (1950). As stated by the Advisory Committee in its Note to the 1966 Amendment to Rule 17(a). [*26] [T]he modern function of the rule in its negative aspect is simply to protect the defendant against a subsequent action…
• Resnik v. LA PAZ Guest Ranch, 289 F.2d 814 (9th Cir. 1961)
  …iversity does not require dismissal of an action. Rule 19 (b), Fed.R.Civ.P. It is equally clear that the joinder or omission of indispensable but nondiverse parties requires dismissal (Young v. Powell, 5 Cir., 1950, 179 F. 2d 147, certiorari denied 339 U.S. 948, 70 S. Ct. 804, 94 L.Ed. 1362; 3 Moore, Federal Practice, 2146 (2d ed.)). With respect to the omission of indispensable nondiverse parties it is sometimes said that dismissal occurs not for want of federal jurisdiction but for the lack of indispens…
• Mason-Rust v. Laborers' Int'l Union OF N. Am., AFL-CIO, 435 F.2d 939 (8th Cir. 1970)
  …o be enforced.” 3A J. Moore, Federal Practice ¶ 17.07 (2d ed.1969) (footnote omitted). This analysis of the real party in interest test has found general acceptance in the courts.2 Young v. Powell, 179 F. 2d 147, 150 n. 10 (5th Cir.), cert. denied, 339 U.S. 948, 70 S.Ct. 804, 94 L.Ed. 1362 (1950). See also Dubuque Stone Products Co. v. Fred L. Gray Co., supra. Under § 303, whoever is injured by an unlawful jurisdictional strike can sue for compensatory damages. We think that Mason-Rust was injured within…