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

> Court of Appeals for the Seventh Circuit · August 12, 1960 · 281 F.2d 791

URL: https://www.frixlaw.com/law-library/cases/9447507

## Case

- **Full name:** James R. EADS, Lawrence S. Shapiro Et Al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. Clarence N. SAYEN and Don J. Smith, Defendants-Appellees
- **Court:** Court of Appeals for the Seventh Circuit
- **Decided:** August 12, 1960
- **Citations:** 281 F.2d 791; 3 Fed. R. Serv. 2d 362; 46 L.R.R.M. (BNA) 2798; 1960 U.S. App. LEXIS 3854
- **Precedential status:** Published
- **Opinion:** Concurring in part by Schnackenberg
- **Judges:** Knoch, Major, Schnackenberg
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9447507

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9447507. Public record. Not legal advice.