Marvin Dudley v. Gilbert P. Smith, 504 F.2d 979 (5th Cir. 1975). · Go Syfert
Marvin Dudley v. Gilbert P. Smith, 504 F.2d 979 (5th Cir. 1975). Cases Citing This Book View Copy Cite
117 citation events (28 in the last 25 years) across 48 distinct courts.
Strongest positive: Concepts NREC, LLC v. Qiu (vtd, 2024-05-24)
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1975 2000 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Concepts NREC, LLC v. Qiu
D. Vt. · 2024 · confidence medium
Passalacqua Builders, Inc. v. Resnick Developers South, Inc., stating: “[I]f the plaintiffs in this case can prove the defendants are in fact the alter ego of Developers, defendants’ jurisdictional objection evaporates because the previous judgment is then being enforced against entities who were, in essence, parties to the underlying dispute; the alter egos are treated as one entity.” 933 F.2d 131 , 142-43 (2d Cir. 1991) (citing Dudley v. Smith, 504 F.2d 979, 982-83 (Sth Cir. 1984)).
discussed Cited as authority (rule) United Healthcare Services Inc v. Rossel
N.D. Tex. · 2024 · confidence medium
The Freeman court, in articulating the control requirement for collateral estoppel, looks to Dudley v. Smith, 504 F.2d 979, 982 (5th Cir. 1974) as an example for applying collateral estoppel against a nonparty.
cited Cited as authority (rule) Coastal Bridge Company, L.L.C. v. Heatec, Incorpor
5th Cir. · 2020 · confidence medium
Dudley v. Smith, 504 F.2d 979, 983 (5th Cir. 1974).
cited Cited as authority (rule) Coastal Bridge Company, L.L.C. v. Heatec, Incorpor
5th Cir. · 2020 · confidence medium
Dudley v. Smith, 504 F.2d 979, 983 (5th Cir. 1974).
cited Cited as authority (rule) United States v. Louisiana
M.D. La. · 2016 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir. 1974), cited in Freeman, 771 F.2d at 864 ; see also Robin Singh Educ.
cited Cited as authority (rule) Todd Enright v. Asclepius Panacea, LLC Asclepius Panacea GP, LLC Daily Pharmacy, LLC Daily Pharmacy GP, LLC And Toth Enterprises II, P .A. D/B/A Victory Medical Center
Tex. App. · 2015 · confidence medium
Dudley v. have failed to prove there is no genuine issue of material fact Smith, 504 F.2d 979, 982 (5th Cir.1974); Am.
discussed Cited as authority (rule) Larry Jarrett v. Robert Houston Dillard (2×) also: Cited "see"
Miss. · 2015 · confidence medium
Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974); Alman v. Danin, 801 F.2d 1, 4 (1st Cir.1986); Matthews Constr.
discussed Cited as authority (rule) Tri-National, Inc. v. Canal Insurance Company
8th Cir. · 2015 · confidence medium
Co. v. Universal Builders Supply, 409 F.3d 73, 81 (2d Cir.2005) (opining that in Aetna Casualty, “the Supreme Court[] discuss[ed] the requirements of Rule 17(a) in the context of subrogation” and making no reference to the FTCA); Krueger v. Cartwright, 996 F.2d 928, 931-32 (7th Cir.1993) (“The general rule in federal court is that if an insurer has paid the entire claim of its insured, the insurer is the real party in interest under Federal Rule of Civil Procedure 17(a) and must sue in its own name.” (citing Aetna Casualty, 338 U.S. at 380-81 , 70 S.Ct. 207 )); Dudley v. Smith, 504 F.2…
discussed Cited as authority (rule) Brown v. Kinross Gold U.S.A., Inc.
D. Nev. · 2008 · confidence medium
The effect of applying the alter ego dasdasdasdoctrine is that the corporation and the individual who dominates it are treated as one, “so that any act committed by one is attributed to both, and if either is bound, by contract, judgment, or otherwise, both are equally bound....” Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974) (quotation and citation omitted).
discussed Cited as authority (rule) In Re Sonus Networks, Inc. Shareholder Derivative
D. Mass. · 2006 · confidence medium
Match, Inc. v. Sears Roebuck & Co., [454 F.2d] [sic] 871, 874 (197[2][sic]), whether the identification arises from a relationship between the parties, Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974), or from actual participation and control of the litigation by one not a party, Kreager v. General Elec.
cited Cited as authority (rule) Brigham Young University v. Tremco Consultants, Inc.
Utah · 2005 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974); see also Utah Code Ann. § 16 -10a-622(2) (2001).
discussed Cited as authority (rule) S. Texas Wildhorse Desert Invs., Inc. v. Texas Commerce Bank-Rio Grande Valley, N.A.
Bankr. S.D. Tex. · 2004 · confidence medium
Although a shareholder may enjoy privity with a corporation such that a judgment concerning the latter is res judicata as to the former under certain circumstances, see Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974) (alter ego relationship), this issue is not before this Court.
cited Cited as authority (rule) Keith Thomas v. Nick Curry
Tex. App. · 2003 · confidence medium
Dudley v. Smith , 504 F.2d 979, 982 (5th Cir. 1974); Am.
cited Cited as authority (rule) Texas Capital Securities Management, Inc. v. Sandefer
Tex. App. · 2002 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974); Am.
cited Cited as authority (rule) Texas Capital Securities Management, Inc. v. J. D. Sandefer, III
Tex. App. · 2002 · confidence medium
Dudley v. Smith , 504 F.2d 979, 982 (5th Cir. 1974); Am.
discussed Cited as authority (rule) Story v. Pioneer Housing Systems, Inc.
M.D. Ala. · 2000 · confidence medium
Even if the court assumes that Health Partners has a contractual right of subrogation which would give it an interest in any recovery by the Plaintiff, “any multiplicity of suit risk can be obviated by final judgment of the district court at the request of the defendant.” Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974). 2 The court finds, therefore, that the Motion to Add a Real Party in Interest is due to be DENIED. 3 III.
discussed Cited as authority (rule) PGM, Inc. v. Westchester Investment Partners, Ltd.
Utah Ct. App. · 2000 · confidence medium
S. Inc., 933 F.2d 131 , 142-43 (2d Cir.1991) (judgment enforced where trial court had jurisdiction over defendant in enforcement action in which alter ego was litigated); Crest Tankers, Inc. v. National Maritime Union of Am., 796 F.2d 234, 239 (8th Cir. 1986) (remanding for consideration of alter ego doctrine because collateral estoppel not available on basis of findings in prior proceedings); Dudley v. Smith, 504 F.2d 979, 981-82 (5th Cir.1974) (judgment in prior case res judicata against defendant's alter ego where alter ego issue was litigated in subsequent enforcement action); Shamrock Oil…
discussed Cited as authority (rule) Tai Kwan Cureton, et.al. v. NCAA
3rd Cir. · 1999 · confidence medium
"The effect of applying the alter ego doctrine . . . is that the corporation and the person who dominates it are treated as one person, so that any act committed by one is attributed to both, and if either is bound, by contract, judgment or otherwise, both are equally bound. . . ." Dudley v. Smith, 504 F.2d 979, 982 (5th Cir. 1974) (citation omitted) (emphasis added).
discussed Cited as authority (rule) Tai Kwan Cureton v. National Collegiate Athletic Association
3rd Cir. · 1999 · confidence medium
"The effect of applying the alter ego doctrine... is that the corporation and the person who dominates it are treated as one person, so that any act committed by one is attributed to both, and if either is bound, by contract, judgment or otherwise, both are equally bound...." Dudley v. Smith, 504 F.2d 979, 982 (5th Cir. 1974) (citation omitted) (emphasis added).
discussed Cited as authority (rule) Cureton v. National Collegiate Athletic Ass'n
3rd Cir. · 1999 · confidence medium
“The effect of applying the alter ego doctrine ... is that the corporation and the person who dominates it are treated as one person, so that any act committed by one is attributed to both, and if either is bound, by contract, judgment or otherwise, both are equally bound....” Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974) (citation omitted) (emphasis added).
cited Cited as authority (rule) Torcise v. Community Bank (In re Torcise)
11th Cir. · 1997 · confidence medium
Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974).
cited Cited as authority (rule) ca11 1997
11th Cir. · 1997 · confidence medium
Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974).
discussed Cited as authority (rule) Environmental Dynamics, Inc. v. Robert Tyer & Associates, Inc.
N.D. Iowa · 1996 · confidence medium
Corp., 859 F.2d 92 , 94 (9th Cir.1988) (applying California law, and finding that the first element of an “alter ego” claim is “unity of interest and ownership” such that there is a cessation of separateness of corporation and individual, and the second element is that “adherence to the fiction of the separate existence of the corporation would, under the particular circumstances, sanction a fraud or promote injustice,” with emphasis added here); Wolfe v. United States, 798 F.2d 1241, 1243-44 (in case in which IRS sought to hold a shareholder liable for the taxes of his corporation…
cited Cited as authority (rule) United States v. Fidelity Capital Corporation, a Georgia Corporation, Commonwealth Mortgage Corporation of America, Intervenor-Appellee
11th Cir. · 1991 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974) (quoting Shamrock Oil & Gas Co. v. Ethridge, 159 F.Supp. 693, 697 (D.Colo.1958)). 38 .
cited Cited as authority (rule) Tanker Management Inc. v. Brunson
11th Cir. · 1990 · signal: cf. · confidence medium
Cf. Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974) (endorsing in dicta the approach which the district court followed in this case).
cited Cited as authority (rule) ca11 1990
11th Cir. · 1990 · signal: cf. · confidence medium
Cf. Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974) (endorsing in dicta the approach which the district court followed in this case).
cited Cited as authority (rule) Maritime Ventures International, Inc. v. Caribbean Trading & Fidelity, Ltd.
S.D.N.Y. · 1988 · confidence medium
See, e.g., Labadie Coal Co. v. Black, 672 F.2d 92, 98 (D.C.Cir.1982); Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974).
cited Cited as authority (rule) Amalgamated Sugar Co. v. NL Industries, Inc.
S.D.N.Y. · 1987 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974), Ritchie v. Landau, 475 F.2d 151, 155, n. 2 (2d Cir.1975).
discussed Cited as authority (rule) Ronald Basil Hart, Jr. v. Yamaha-Parts Distributors, Inc., Yamaha International Corporation, Yamaha Motor Corporation
11th Cir. · 1986 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974). 2 If the alter ego doctrine applies, “ ‘the corporation and the person who dominates it are treated as one person, so that any act committed by one is attributable to both, and if either is bound, by contract, judgment, or otherwise, both are equally bound____Id. (quoting Shamrock Oil and Gas Co. v. Ethridge, 159 F.Supp. 693, 697 (D.Colo.1958)).
discussed Cited as authority (rule) Wm. Passalacqua Builders, Inc. v. Resnick Developers South, Inc. (2×) also: Cited "see"
S.D.N.Y. · 1985 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982-83 (5th Cir.1974); Eagle Transport Ltd. v. O’Connor, 470 F.Supp. 731, 733-34 (S.D.N.Y.1979).
cited Cited as authority (rule) Arkwright-Boston Manufacturers Mutual Insurance Company v. The City Of New York
2d Cir. · 1985 · confidence medium
See United States v. Aetna Casualty & Surety Co., 338 U.S. 366 , 70 S.Ct. 207 , 94 L.Ed. 171 (1949); Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974).
cited Cited as authority (rule) Arkwright-Boston Manufacturers Mutual Insurance v. City of New York
2d Cir. · 1985 · confidence medium
See United States v. Aetna Casualty & Surety Co., 338 U.S. 366 , 70 S.Ct. 207 , 94 L.Ed. 171 (1949); Dudley v. Smith, 504 F.2d 979, 983 (5th Cir.1974).
cited Cited as authority (rule) Cobb Industries, Inc. v. Hight
La. Ct. App. · 1985 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974); Costin v. Olen, 449 F.2d 129, 131 (5th Cir.1971).
cited Cited as authority (rule) Fryar v. Westside Habilitation Center
La. Ct. App. · 1985 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974); Costin v. Olen, 449 F.2d 129, 131 (5th Cir.1971).” Candy H. v. Redemption Ranch, Inc. 563 F.Supp. 505 (U.S.Dist.Ct.M.D.Ala., N.D., 1983).
examined Cited as authority (rule) CANDY H. v. Redemption Ranch, Inc. (3×) also: Cited "see, e.g."
M.D. Ala. · 1983 · confidence medium
Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974); Costin v. Olen, 449 F.2d 129, 131 (5th Cir. 1971).
discussed Cited as authority (rule) Truckweld Equipment Co. v. Swenson Trucking & Excavating, Inc. (2×) also: Cited "see"
Alaska · 1982 · confidence medium
Gordon Symons Co., 631 F.2d 131 (9th Cir. 1980); 2 Dudley v. Smith, 504 F.2d 979, 983 (5th Cir. 1974); Prudential Lines, Inc. v. General Tire International Co., 74 F.R.D. 474, 475-76 (S.D.N.Y.1977); White Hall Building Corp. v. Profexray Division of Litton Industries Inc., 387 F.Supp. 1202, 1206 (E.D.Pa.1974). 3 A number of other circuits have followed Aetna, without real discussion of the 1966 amendment.
cited Cited as authority (rule) Childers v. Eastern Foam Products, Inc.
N.D. Ga. · 1982 · confidence medium
Dudley v. Smith, 504 F.2d 979, 983 (5th Cir. 1974); Braniff Airways, Inc. v. Falkingham, 20 F.R.D. 141 (D.Minn.1957).
discussed Cited as authority (rule) Carl McCulloch and Nora Dell McCulloch Cross-Appellants v. Thomas Glasgow, Cross-Appellees
5th Cir. · 1980 · confidence medium
See U. S. v. Maine, 420 U.S. 515 , 95 S.Ct. 1155 , 43 L.Ed.2d 363 (1975); Drier v. Tarpon Oil Co., 522 F.2d 199, 200 (5th Cir. 1975); Dudley v. Smith, 504 F.2d 979, 982 (5th Cir. 1974); Southern Naval Stores Co. v. Price, 202 Miss. 116 , 32 So.2d 575 (1947); Skrmetta v. Moore, 202 Miss. 585 , 30 So.2d 53 (1947).
discussed Cited as authority (rule) Robert Garcia v. Douglas E. Hall and Danny L. Mangus (2×) also: Cited "see"
10th Cir. · 1980 · signal: cf. · confidence medium
Cf. Dudley v. Smith, 504 F.2d 979, 983 (5th Cir. 1974); Braniff Airways, Inc. v. Falkingham, 20 F.R.D. 141, 144-45 (D.Minn.1957).
discussed Cited as authority (rule) Boyd v. Jamaica Plain Co-Operative Bank
Mass. App. Ct. · 1979 · confidence medium
Match, Inc. v. Sears Roebuck & Co., supra at 874, whether the identification arises from a relationship between the parties, Dudley v. Smith, 504 F.2d 979, 982 (5th Cir. 1974), or from actual participation and control of the litigation by one not a party, Kreager v. General Elec.
discussed Cited as authority (rule) Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Company and W. Ray Flemming
4th Cir. · 1976 · confidence medium
Man., Inc. (8th Cir. 1975), 519 F.2d 634, 638 (“ * * * corporate formalities [were] not followed * * * ”); Dudley v. Smith (5th Cir. 1974), 504 F.2d 979, 982 (“[C]orporate formalities were seldom adhered to”); TSS Sportswear, Limited v. Swank Shop (Guam), Inc. (9th Cir. 1967), 380 F.2d 512, 516 (“ * * * never bothered to go through the regular corporate processes * * * ”); Arnold v. Browne (1972), 27 Cal.App.3d 386 , 103 Cal.Rptr. 775 ; Harris v. Wagshai (D.C.App.1975), supra, 343 A.2d at 287 .
cited Cited "see" Gillig v. Nike, Inc.
Fed. Cir. · 2010 · signal: see · confidence high
See Dudley v. Smith, 504 F.2d 979, 982 (5th Cir.1974); see also In re Teltronics Servs., Inc., 762 F.2d 185, 191 (2d Cir.1985); Am.
cited Cited "see" Interocean Ships, Inc. v. Samoan Gases
amsamoa · 1993 · signal: see · confidence high
See Dudley v. Smith, 504 F.2d at 983 .
cited Cited "see" Wm. Passalacqua Builders, Inc. v. Resnick Developers South, Inc.
2d Cir. · 1991 · signal: see · confidence high
See Dudley v. Smith, 504 F.2d 979, 982-83 (5th Cir.1974).
cited Cited "see" Wm. Passalacqua Builders, Inc. v. Resnick Developers South, Inc.
2d Cir. · 1991 · signal: see · confidence high
See Dudley v. Smith, 504 F.2d 979, 982-83 (5th Cir.1974).
cited Cited "see" National Mutual Insurance v. McMahon & Sons, Inc.
W. Va. · 1987 · signal: see · confidence high
The current rule, however, simply describes persons who are “to be joined if feasible.” W.Va.R.Civ.P. 19(a); see Dudley v. Smith, 504 F.2d 979 , 983 n. 5 (5th Cir.1974).
discussed Cited "see" Jaffe v. Grant
11th Cir. · 1986 · signal: accord · confidence high
However, the district court found that Jaffe was in privity with the corporations, indeed their alter ego, and thus, he is as bound by the Supplemental Final Judgment as the corporations. 2 Mendelsund v. Southem-Aire Coats, 210 So.2d 229 (Fla. 3d Dist.Ct.App.1968); accord, Dudley v. Smith, 504 F.2d 979, 982-83 (5th Cir.1974).
discussed Cited "see" Jaffe v. Grant
11th Cir. · 1986 · signal: accord · confidence high
However, the district court found that Jaffe was in privity with the corporations, indeed their alter ego, and thus, he is as bound by the Supplemental Final Judgment as the corporations. 2 Mendelsund v. Southern-Aire Coats, 210 So.2d 229 (Fla. 3d Dist.Ct.App.1968); accord, Dudley v. Smith, 504 F.2d 979, 982-83 (5th Cir.1974).
cited Cited "see" David H. Stuart and Richard A. Whitaker v. Richard G. Spademan
5th Cir. · 1985 · signal: see · confidence high
See Dudley v. Smith, 504 F.2d 979 (5th Cir.1974).
cited Cited "see" Travelers Insurance Company v. Harry L. Riggs, Jr. Mabel v. Reid
4th Cir. · 1982 · signal: see · confidence high
See Dudley v. Smith, 504 F.2d 979 (5th Cir. 1974). 2 .
Marvin DUDLEY Et Al., PlaintiffsAppellees,
v.
Gilbert P. SMITH, Defendant-Appellant
73-3624.
Court of Appeals for the Fifth Circuit.
Jan 23, 1975.
504 F.2d 979
Chase R. Laurendine, Ray G. Riley, Jr., Mobile, Ala., for defendant-appellant., G. Hamp Uzzelle, III, Mobile, Ala., for plaintiffs-appellees.
Wisdom, Bell, Brewster.
Cited by 86 opinions  |  Published
BELL, Circuit Judge:

This appeal involves a diversity action against appellant, Gilbert Smith, to enforce a 1971 judgment rendered in ap-pellee’s favor against Smith’s closely-held corporation, Bayou Fabricators Co., Inc. [1] The prior suit arose when a shrimp boat that appellee had purchased from Bayou was partially destroyed by fire. Appellee recovered a judgment against Bayou for $16,996.66 plus interest, but was subsequently unable to collect the judgment because of Bayou’s insolvency.

Appellee then filed the present action against appellant seeking recovery for the 1971 Bayou judgment based upon the allegation that “there existed such a unity of interest and ownership” between appellant and Bayou that the former was the alter ego of the latter. In his amended complaint, appellee alternatively argued that payments made to appellant after Bayou had become insolvent and after appellee had become Bayou’s judgment creditor were illegal preferences, portions of which appellee was entitled to recover from appellant.

The district court submitted two special interrogatories to the jury pursuant to Rule 49(a) of the Federal Rules of Civil Procedure. One asked the jury to decide whether appellant was Bayou’s alter ego. The other queried whether monies paid by appellant to Bayou from 1966 to 1971, other than an initial contribution to capital, were loans. [2] The jury answered both questions in the affirmative.

Armed with these findings, the district court entered judgment for the ap-pellee based upon the legal conclusions that appellant, as Bayou’s alter ego, was liable on the 1971 judgment, and that the post-insolvency monetary transfers to appellant constituted repayments of loans and were, therefore, illegal preferences. Appellant’s total liability on both portions of the judgment was not to exceed the amount of the 1971 judgment against Bayou, plus interest.

On appeal, the parties agree that if the district court’s judgment is to be affirmed by upholding the alter ego theory of recovery, review of the preference issue becomes unnecessary. We concur in this view and affirm the district court[*982] judgment against appellant based upon his alter ego relationship with Bayou.

A preliminary contention of appellant which must be disposed of is that the district court lacked in personam jurisdiction under Alabama’s long arm statute, Code of Alabama, Title 7, Section 199(1). Although Bayou was incorporated in Alabama and had its principal place of business there, appellant is and has been a resident of Mississippi.

The issue of jurisdiction under Alabama’s long arm statute is not controlled by state law but rather is a question of federal due process. King & Hatch, Inc. v. Southern Pipe & Supply Co., 5 Cir., 1970, 435 F.2d 43, 44. The “purposeful activity” test of Hanson v. Denckla, 1958, 357 U.S. 235, 253, 78 S.Ct. 1228, 2 L.Ed.2d 1283, 1298, is our due process benchmark. See the discussion in Benjamin v. Western Boat Building Corp., 5 Cir., 1973, 472 F.2d 723, 725-727. See also Costin v. Olen, 5 Cir., 1971, 449 F.2d 129. Appellant’s purposeful activities in Alabama are sufficient to support jurisdiction. He was president, chairman of the board, and de facto sole stockholder of an Alabama corporation with its principal place of business in Alabama. He alone was authorized to sign all company checks, which were drawn on an Alabama bank. The checks were signed by him in Alabama. He visited Bayou’s shipyard in Alabama three or four times weekly and generally dominated its affairs.

Appellant does not contest the jury’s alter ego finding. The alter ego interrogatory was submitted to the jury as an issue within the confines of Alabama law. See Appelbaum v. First National Bank, 285 Ala. 380, 179 So. 373 (1938); Jefferson County Burial Society v. Cotton, 222 Ala. 578, 133 So. 256 (1930). There was sufficient evidence to support the finding. As stated above, appellant owned or controlled Bayou in toto. He was president and chairman of the board. He shuttled over $200,000 between personal and corporate accounts without accepting promissory notes therefor. [3] The other directors (appellant’s daughters) testified that they took no active part in Bayou’s operations, and left such responsibilities to appellant. Corporate formalities were seldom adhered to.

Despite the jury’s alter ego finding, appellant argues that there must be full relitigation of the substantive issues of liability and damages before he can be held for Bayou’s debts. Generally speaking, a final judgment is res judicata only between parties to the lawsuit and their privies. Baltimore Steamship Co. v. Phillips, 1927, 274 U.S. 316, 319, 47 S.Ct. 600, 71 L.Ed. 1069, 1071; 1 Freeman on Judgments § 407 (1925). Stockholders and officers are not in privity to and are not personally bound by judgments against their corporations. American Range Lines, Inc. v. Commissioner of Internal Revenue, 2 Cir., 1952, 200 F.2d 844. See also Ritchie v. Landau, 2 Cir., 1973, 475 F.2d 151, 155 n. 2. A stockholder may be in privity with his corporation, however, such that a judgment against the latter is res judicata as to the former, if the two are found to be alter egos. Cf. Zenith Radio Corp. v. Hazeltine Research, Inc., 1969, 395 U.S. 100, 108-111, 89 S.Ct. 1562, 23 L.Ed.2d 129, 139-141. In Shamrock Oil and Gas Co. v. Ethridge, D.Colo., 1958, 159 F.Supp. 693, 697, the court stated:

The effect of applying the alter ego doctrine ... is that the corporation and the person who dominates it are treated as one person, so that any act committed by one is attributed to both, and if either is bound, by contract, judgment, or otherwise, both are equally bound. .

See also International Telephone and Telegraph Corp. v. General Telephone & Electronics Corp., M.D.N.C., 1973, 369[*983] F.Supp. 316, 329. The jury’s alter ego finding below thus leads us to affirm the district court’s determination that the Bayou judgment is binding against appellant.

We reject appellant’s claim that appellee’s insurer ' should have been joined as a party plaintiff because of its status as partial subrogee to the cause of action against appellant. Appellant relies upon United States v. Aetna Casualty & Surety Co., 1949, 338 U.S. 366, 70 S.Ct. 207, 94 L.Ed. 171. Three of the plaintiffs in Aetna, were insurers proceeding as partial subrogees and, as to them, the Court stated that the joinder of their respective insureds could be compelled under Rule 19(a) of the Federal Rules of Civil Procedure as the rule then existed. [4] Rule 19(a) as amended in 1966 provides for joinder where there is substantial risk of the defendant being subjected to a multiplicity of suits. [5] See Rule 19(a) (2) (ii), F.R.Civ. P. The facts of Aetna as to the partial subrogee plaintiffs fit well into this portion of the amended rule. The facts of the instant case, however, where the suit is by the insured (as distinguished from the insurer), and for the full amount of the loss, do not meet the requirements of Rule 19(a). [6] Any multiplicity of suit risk can be obviated by final judgment of the district court at the request of appellant. Cf. Braniff Airways, Inc. v. Falkingham, D.Minn., 1957, 20 F.R.D. 141, on the result reached here. Cf. Haas v. Jefferson National Bank, 5 Cir., 1971, 442 F.2d 394, on the reasoning to be applied under Rule 19(a)(2) (ii) in determining when a non-party should be “joined if feasible.”

Finally, we do not view the answers to the interrogatories as being inconsistent, and reject appellant’s argument in that regard.

Affirmed.

1

. Dudley v. Bayou Fabricators, Inc., S.D.Ala., 1971, 330 F.Supp. 788.

2

. From 1966 to 1971, appellant’s total investment in Bayou was $251,514.30, $50,000 of which was an initial contribution to capital.

3

. Apjjellant loaned Bayou $201,514.30 from 1906 to 1971. Bayou transferred $138,869.-59 in cash and accounts receivable to appellant during the same period, and still owes him $62,644.71.

4

. Before the 1966 amendments, Rule 19(a) classified parties to be joined, i. e., “persons having a joint interest,” as “necessary” or “indispensable.” The Court in Aetna jdaced the unjoined insureds in the “necessary party” category, and as a result, viewed their joinder as compulsory. 338 U.S. at 382, 70 S.Ct. at 216, 94 L.Ed. at 186.

5

. The rigid classifications of former Rule 19(a) were abandoned in 1966 in favor of a more flexible description of parties for which joinder would be “desirable.” Rule 19, E.R.Civ.I’., Advisory Comm. Note, 39 F. R.D. 89, 91. Joinder is compulsory only where the facts fit within one of the Rule 19(a) i>remises. Id. at 91-92. See generally Cohn, The New Federal Rules of Civil Procedure, 54 Geo.L.J. 1204, 1204-11 (1966).

6

. Public Service Co. of Oklahoma v. Black & Veatch, 10 Cir., 1972, 467 F.2d 1143, as well as treatise writers, are ai)parently contra in the case of a jiartial subrogee, but none have reasoned in terms of the 1966 amendment to Rule 19. See 6 C. Wright & A. Miller, Federal Practice and Procedure § 1546, at 660, (1971) ; 3A J. Moore, Federal Practice § 17.09 [2.-4] (2d ed. 1974).