Minnie E. Haby, Joined Pro Forma by Her Husband, Homer E. Haby v. Stanolind Oil & Gas Co., 225 F.2d 723 (5th Cir. 1955). · Go Syfert
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Minnie E. Haby, Joined Pro Forma by Her Husband, Homer E. Haby v. Stanolind Oil & Gas Co., 225 F.2d 723 (5th Cir. 1955). Cases Citing This Book View Copy Cite
16 citation events (1 in the last 25 years) across 12 distinct courts.
Strongest positive: Tracfone Wireless, Inc. v. US/Intelicom, Inc. (flsd, 2001-08-07)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Tracfone Wireless, Inc. v. US/Intelicom, Inc.
S.D. Fla. · 2001 · confidence medium
See City of Marietta v. CSX Transportation, Inc., 196 F.3d 1300, 1302 (11th Cir.1999); Haby v. Stanolind Oil & Gas Co., 225 F.2d 723, 724 (5th Cir.1955).
cited Cited as authority (rule) Norman E. Wymbs and Ann R. Cassady v. Republican State Executive Committee of Florida
11th Cir. · 1983 · confidence medium
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 .
cited Cited as authority (rule) United States v. Sabine Shell, Inc. And Badon Construction Co.
5th Cir. · 1982 · confidence medium
McCulloch v. Glasgow, 620 F.2d 47, 51 (5th Cir. 1980); Kimball v. Florida Bar, 537 F.2d 1305, 1307 (5th Cir. 1976); Haby v. Stanolind Oil & Gas Co., 225 F.2d 723, 724 (5th Cir. 1955) (per curiam).
discussed Cited as authority (rule) National Labor Relations Board v. Doug Neal Management Company (2×)
6th Cir. · 1980 · confidence medium
See also Kimball v. Florida Bar, supra at 1307 ; McShan v. Sherrill, 283 F.2d 462, 464 (9th Cir. 1960); Haby v. Stanolind Oil and Gas, 225 F.2d 723, 724 (5th Cir. 1955); Wright and Miller, Federal Practice and Procedure, Section 1392, n. 58 ("Lack of an indispensable party is a jurisdictional issue and may be raised at any time, on appeal or at trial."); 3A Moore's Federal Practice P 19.07-2(0) (". . . an appellate court will raise lack of an indispensable party on its own motion.") 54 In the case at bar, it appears to this Court, from the record before it, that the owner of the Kroger Buildin…
discussed Cited as authority (rule) Harris L. Kimball v. The Florida Bar
5th Cir. · 1976 · confidence medium
One question not raised on appeal is whether either the Florida Supreme Court or its members are “indispensable parties” under Rule 19(b), Fed.R.Civ:P., 3 and must be joined or the action dismissed. 4 *1307 A party does not waive the defense of failure to join an indispensable party by neglecting to raise it; an objection can be raised at any time even by a reviewing court on its own motion, see Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 109-12 , 88 S.Ct. 733 , 19 L.Ed.2d 936 (1968); Boles v. Greeneville Housing Authority, 468 F.2d 476, 479 (6th Cir. 1972) (Tuttle, J…
Retrieving the full opinion text from the archive…
Minnie E. HABY, Joined Pro Forma by Her Husband, Homer E. Haby, Appellants,
v.
STANOLIND OIL AND GAS COMPANY, Appellee
15197.
Court of Appeals for the Fifth Circuit.
Sep 9, 1955.
225 F.2d 723
W. Truett Smith, Scott Snodgrass, San Angelo, Tex., for appellants., Lon Sailers, Dallas, Tex., for appellee.
Holmes, Per Curiam, Rives, Thomas.
Cited by 15 opinions  |  Published
PER CURIAM.

Appellant seeks to have an oil, gas and mineral lease covering lands in three sections, numbered 4, 5 and t, Block G, C. & M. R. R. Co. Survey located[*724] 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.