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Torrington Company v. Yost

United States District Court for the District of South Carolina

139 F.R.D. 91 (D.S.C. 1991)

Relevant factsFree

After Yost (defendant) left Torrington (plaintiff) to work for competitor INA under a non-disclosure agreement, Torrington sued Yost seeking an 18-month injunction against his work at INA plants producing thrust bearings and return of confidential materials, but did not join INA, whose joinder would have destroyed diversity jurisdiction; Yost moved to dismiss for failure to join INA as an indispensable party under FRCP Rule 19.

IssueFree

Whether, in federal court, nonjoinder of an indispensible party to the lawsuit is grounds for dismissal.

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