POWELL

v.

YOUNG

Citator

Cited By

• 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…
• 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…
• Matthies v. Seymour Mfg. Co., 270 F.2d 365 (2d Cir. 1959)
  …of them against the trustees to restore the corpus of the trust, see e. g., Franz v. Buder, 8 Cir., 1926, 11 F. 2d 854, certiorari denied 1927, 273 U.S. 756, 47 S.Ct. 459, 71 L.Ed. 876; Young v. Powell, 5 Cir., 179 F. 2d 147, certiorari denied 1950, 339 U.S. 948, 70 S.Ct. 804, 94 L.Ed. 1362, in order to avoid the unfair repetition of actions against the defendant trustees which could result from individual relitigation by each successive beneficiary if the first plaintiff lost. See Note, 71 Harv.L.Rev. 874,…