· 9/10/1992
Delta Financial Corporation v. Paul D. Comanduras & Associates
Citations
- 973 F.2d 301
- 1992 WL 197831
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the dissolution of a partnership and the liquidation of its assets could establish that value of the plaintiff’s interest upon dissolution would satisfy the amount in controversy
- “when a plaintiffs claims are direct in nature ... the limited partnership will not be considered an indispensable party under Fed.R.Civ.P. 19, and will not be included in a court’s analysis of diversity jurisdiction.”
- “The cases are virtually unanimous in holding that in suits between parties to a contract seeking rescission of that contract, all parties to the contract . . . are necessary parties.”
- “We do not require dismissal, however, but remand the case so that the district court may develop the record and determine in the first instance whether Cranch indeed must be joined.”
- parties to a contract are necessary parties to a suit on that contract
- “The cases are virtually unanimous in holding that in suits between parties to a contract seeking rescission of that contract, all parties to the contract, and others having a substantial interest in it, are necessary parties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Widener, Murnaghan, Young
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.