Opinion

James R. Eads, Lawrence S. Shapiro, on Behalf of Themselves and All Others Similarly Situated, v . Clarence N. Sayen and Don J. Smith

281 F.2d 791
3 Fed. R. Serv. 2d 362
46 L.R.R.M. (BNA) 2798
1960 U.S. App. LEXIS 3854

Court: Court of Appeals for the Seventh Circuit
Filed: Aug 12, 1960
Status: Published
Author: Schnackenberg
On the bench: Knoch, Major, Schnackenberg
Cited by: 8 cases

The opinion

SCHNACKENBERG, Circuit Judge,

(dissenting in part and concurring in result).

I agree that the union involved is an indispensable party. However, the union was made a party plaintiff by means of the class suit filed by the named individual plaintiffs, pursuant to rule 23 (a) (1) of the Federal Rules of Civil Procedure. The parties are agreed that, according to Illinois law, the union, an unincorporated association, cannot be sued as an entity. It was error to dismiss plaintiffs’ action for lack of an indispensable party. It is not absent; it is present in the case.

With some of the reasons given by Judge ENOCH (other than in reference to the presence of the union in the case) for affirmance, I concur and with some I disagree. However, I concur in the result affirming the judgment of the district court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.