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Case Facts Issue Rule Holding Other Info
Case Facts Issue Rule Holding Other Info
xls 1
Joinder of Claims------
Compulsory counterclaim-
Arises out of the same
transaction or occurrence as
Yes. An action on an the present claim. Permissive
Plant borrowed $2520 from Rule 13-permits defendants
underlying debt in default is counterclaim-Does not arise
Blazer Financial, made no Is an action on an underlying Debt counterclaims in truth to bring claims against
30. PLANT V. BLAZER a compulsory counterclaim out of the present claim.
payments for 8 months, then debt in default a compulsory in lending actions are plaintiffs in the same action.
FINANCIAL SERVICES (1979) that must be asserted in a Ancillary jurisdiction-the
sued Blazer financial under counterclaim? compulsory. Counterclaims are either
suit by the debtor on a truth- federal court acquires
the Truth in Lending Act compulsory or permissive.
in-lending cause of action. jurisdiction over the entire
case, even though some of
the matters would not
independently be subject to
federal jurisdiction.
400817362.xls 7
Yes. It is generally
recognized that a person
A jewelry store sued the does not become
35. HELZBERG'S DIAMOND shopping mall for violating Did the district court properly dispensable to an action to
SHOPS V. VALLEY WEST DES its lease agreement and deny the motion to dismiss determine rights under a
Rule 19(b)
MOINES SHOPPING CENTER allowing four full line jewelry for failure to join an contract simply because that
(1977) stores lease spaces in the indispensable party? person's rights or obligations
mall. under an entirely separate
contract will be affected by
the result of the action.