ALBERT V. T. DAY

v.

UNION SWITCH AND SIGNAL COMPANY

Citator

Cited By

• Wallace v. Fiske, 80 F.2d 897 (8th Cir. 1935)
  …present. Its history is to be found in decisions of this court recorded in eleven volumes of the [*899] Federal Reporter, Second Series,1 and, on two occasions, it lias received attention from the Supreme Court of the United States. Buder v. Franz, 273 U. S. 756, 47 S. Ct. 459, 71 L. Ed. 876, and State of Missouri v. Fiske, 290 U. S. 18, 54 S. Ct. 18, 78 L. Ed. 145. The entire substance of the controversies must be gathered from an examination of these decisions — too extended to be considered in detail wit…
• Matthies v. Seymour Mfg. Co., 270 F.2d 365 (2d Cir. 1959)
  …ct court properly followed requires all the beneficiaries of a trust to be joined in an action by any one 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 individ…
• Brown v. Christman, 126 F.2d 625 (D.C. Cir. 1942)
  …to necessary joinder is due in large measure to the exigencies of exercising jurisdiction based upon diversity of citizenship. Norton v. United Gas Corp., D.C.W.D.La., 1 F.R.D. 155, 161; Franz v. Buder, 8 Cir., 11 F. 2d 854, 856, certiorari denied, 273 U.S. 756, 47 S.Ct. 459, 71 L.Ed. 876. Generally, where the action involves a determination of conflicting interests of beneficiaries in a trust fund, the beneficiaries are held to be necessary parties. In Carey v. Brown, 92 U.S. 171, 172, 23 L.Ed. 469, the…

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