Haby v. STANOLIND OIL AND GAS COMPANY, 15197.
| Decision Date | 09 September 1955 |
| Docket Number | No. 15197.,15197. |
| Citation | 225 F.2d 723 |
| Parties | Minnie E. HABY, joined pro forma by her husband, Homer E. Haby, Appellants, v. STANOLIND OIL AND GAS COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
W. Truett Smith, Scott Snodgrass, San Angelo, Tex., for appellants.
Lon Sailers, Dallas, Tex., for appellee.
Before HOLMES and RIVES, Circuit Judges, and THOMAS, District Judge.
Appellant seeks to have an oil, gas and mineral lease covering lands in three sections, numbered 4, 5 and 7, Block G, C. & M. R. R. Co. Survey located in Reagan County, Texas, declared terminated in so far only as it affects Sections 5 and 7. Neither the complaint nor the record discloses the changes in ownership or other facts, if any, which might keep the holders of interests under the lease in Section 4 from being indispensable parties to this litigation. While the question of indispensable parties was not raised by the parties, it may become necessary for this Court to raise it sua sponte. Hoe, v. Wilson, 9 Wall. 501, 76 U.S. 501, 19 L.Ed. 762; 3 Moore's Federal Practice 2nd. ed., Paragraph 19.06, p. 214.
Each of the parties is requested within thirty days from this date to file in this Court such stipulation of fact, amendment, pleading or brief as, in the opinion of such party, may aid the Court in disposing of the question of indispensable parties and/or fractional termination of the lease.
To continue reading
Request your trial
-
Wymbs v. Republican State Executive Committee of Florida
...Prods. Safety Comm'n, 598 F.2d 790, aff'd on other grounds, 447 U.S. 102, 100 S.Ct. 2051, 64 L.Ed.2d 766 (1980); Haby v. Stanolind Oil & Gas, 225 F.2d 723, 724 (5th Cir.1955).23 Rule 19 states in part:(a) Persons to be Joined if Feasible. A person who is subject to service of process and wh......
-
Curtis v. United Transp. Union
...of having indispensable parties before it is so vital that the Court may, and does, raise the issue sua sponte. Haby v. Stanolind Oil & Gas Co., 225 F.2d 723 (5th Cir. 1955). Certainly the remaining parties have not done No changes enacted by the Federal Rules of Civil Procedure have eroded......
-
Shaw v. Shaw, 89-CA-32
...447 U.S. 102, 100 S.Ct. 2051, 64 L.Ed.2d 766 (1980); Kimball v. Florida Bar, 537 F.2d 1305 (5th Cir.1976) (same); Haby v. Stanolind Oil & Gas Co., 225 F.2d 723 (5th Cir.1955) (same); Brown v. Christman, 126 F.2d 625 (D.C.Cir.1942) ("If they are indispensable parties it is our duty to protec......
-
Haby v. Stanolind Oil and Gas Company
...as to whether the lessor of the lands in Section 4 was or was not an indispensable party, and called for briefs. Haby v. Stanolind Oil & Gas Co., 5 Cir., 225 F.2d 723. Both Haby and Stanolind now urge that all persons whose interests will be affected by a decision in this cause are before t......
-
Chapter §21.7 Significant Authorities
...fail to join the nonparty. See Neal v. Sys. Bd. of Adjustment, 348 F.2d 722, 728 (8th Cir. 1965); Haby v. Standolind Oil & Gas Co., 225 F.2d 723 (5th Cir. Under the majority view, a party may add or subtract parties before receiving a responsive pleading without court order under FED. R. CI......