U.S. Court of Appeals for the Ninth Circuit, 1942

Dolphin v. Starr

U.S. Court of Appeals for the Ninth Circuit · Decided September 16, 1942

130 F.2d 868; 1942 U.S. App. LEXIS 3214 (Federal Reporter, Second Series)

Counsel

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

Cases that cite this one

1 later published case cites this decision.

Williams v. Fanning (Supreme Court of the United States 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The 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.

Accordingly, the order of the court below is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.