Dolphin v. Starr

Ninth Circuit Court of Appeals

Decided Sept. 16, 1942.

Ninth Circuit Court of Appeals · decided 1942-09-16

Cited by 5 later decisions (2 by the Supreme Court) — most recently March 1961

1 federal appellate ·

2 counsel of record

Relies on Neher v. Harwood

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1942-09-16

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¶1Edgar S. Hadley, of Seattle, Wash., for appellant.

¶2J. Charles Dennis, U. S. Atty., and Gerald Shucklin, and Tom A. Durham, Asst. U. S. Attys., all of Seattle, Wash., for appellee.

¶3Before GARRECHT, HANEY, and HEALY, Circuit Judges.

¶4PER CURIAM.

¶5The sole question presented to this court in this case, namely, whether the Postmaster General of the United States is an indispensable party to a suit of this nature, has been heretofore decided by this court, and the question is no longer open to dispute. We held, in Neher v. Harwood, Postmaster, etc., 9 Cir., 128 F.2d 846, 852, that the Postmaster General was an indispensable party in an action to enjoin a postmaster from carrying into effect a “fraud” order issued by the Postmaster General under 39 U.S. C.A. § 259.

¶6Accordingly, the order of the court below is affirmed.