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MARTIN v. CHANDLER

85 F.Supp. 131 (1949)

MARTIN et al. v. CHANDLER et al.

United States District Court S. D. New York.

July 8, 1949.

Attorney(s) appearing for the Case

John L. Flynn, New York City, for plaintiffs.

James A. McKaigney, New York City, William R. Ferris, Brooklyn, N. Y., of counsel.

Willkie Owen Farr, Gallagher & Walton, New York City, for defendants Ford C. Frick, etc.

Baker, Hostetler & Patterson, Cleveland, Ohio, for defendants Boston American League Baseball Co. and others.

Edgar P. Feeley, New York City, for defendant National Exhibition Co.

RIFKIND, District Judge.

This is a motion by some, but not all, of the named defendants to dismiss the first cause of action stated in the complaint upon the ground that "the defendant Albert B. Chandler is an indispensable party, has not been served * * * and may not be sued * * * in this District without his consent."

The complaint, filed on March 8, 1949, is in two counts. The first is brought under 15 U.S.C.A. § 26; the second is founded on 15 U.S...

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