AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Norman DODD and Aaron M. Sargent, Trustees under Joint Venture Agreement of Pioche Mines Consolidated, Inc., Appellants, v. PIOCHE MINES CONSOLIDATED, INC., Helen Dolman, Shareholders of said Corporation, and Fidelity-Philadelphia Trust Company, Appellees.

PER CURIAM.

Appellants Norman Dodd and Aaron M. Sargent, two of three trustees named in a joint venture agreement with Appellee Pioche Mines Consolidated, Inc., have appealed to this Court from an Order of the trial court denying their motion to be substituted as counterclaimants in this litigation.

In reaching our decision here we are assuming, without deciding, that the order denying the motion for substitution is appealable.

The substitution or joinder of Appellants as counterclaimants rested in the discretion of the district court and was not mandatory. Rule 25(c), Federal Rules of Civil Procedure, 28 U.S.C.A.; Virginia Land Co. v. Miami Shipbuilding Corp., 201 F.2d 506 (5th Cir. 1953); Sun-Maid Raisin Growers of California v. California Packing Corporation, 273 F.2d 282 (9th Cir. 1959).

On an examination of the record we are satisfied that the district court did not abuse its discretion in denying the motion of Appellants.

Affirmed.

Use AI to get other relevant cases.

Comments

DODD v. PIOCHE MINES CONSOLIDATED, INC
(Sep 24, 1962)