AMENDMENT TO THE RULES Order of the Court Amending Rule 9 It is ordered this 24th day of February 1948, that Rule 9 of the Rules of the Court be, and the same is, amended by adding thereto Rule 9 (a) reading as follows: 9. (a) All persons may join in one action as plaintiffs if they assert in their petition any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transactions, occurrences, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff need not be interested in obtaining all the relief demanded. The Court in its discretion and on such terms as are just may permit the joinder of additional plaintiffs in an action previously filed. In the event of a joinder in accordance with the provisions hereof, the hearings before the commissioner to whom the case is referred shall be limited to the claim of one of the plaintiffs, unless the Court shall otherwise order, and the proceedings with respect to all other plaintiffs joined in the petition shall be held in abeyance. After proof has been closed on said claim or claims, the commissioner shall report to the Court the facts pertaining thereto, and thereupon, and after exceptions, briefs and oral arguments have been duly filed and heard, the Court shall determine the facts and the law as they relate to said claim or claims and shall enter judgment in accordance therewith. Thereupon, the claims of the other plaintiffs shall be determined, and judgment may be given for one or more of the parties according to their respective rights. Misjoinder of parties or of causes of action shall not be ground for dismissal of a petition, but in the event of a misjoinder, or in furtherance of convenience or to avoid delay or prejudice, the Court may at any time order a severance or severances and the filing of separate petitions. The defendant may file any motion or pleading directed to any one or more of the plaintiffs or to their claims. It is further ordered that Rule 9 (a) shall apply to pending cases and to suits hereafter filed. TABLE OF CASES REPORTED NOTE. For cases dismissed and not indexed hereunder Page ADDISON MILLER, INC., ET AL... 869 Government contract. Plaintiffs' petition for writ of A. J. PARETTA CONTRACTING CO., INC.. 324 AKERMAN, ALEXANDER.. 867 Plaintiff's petition for writ of certiorari denied by the ALGER-RAU, INC. 846 Government contract; increased labor costs resulting from ANGLO-AMERICAN TRADING CORPORATION__ 859 Just compensation; imposition of embargo by Government BLOEDEL DONOVAN LUMBER MILLS, A CORPORATION_ 720 Government contract; damage from forest fire resulting BOURQUIN, GEORGE M.. 867 Plaintiff's petition for writ of certiorari denied by the BROWN, WILLIAM E.. 52 Overtime pay; deputy collector of customs at a port located on a free international highway. CALIFORNIA ZINC COMPANY (THE), ET AL....... 440 Taking; joint action by affiliated corporations. CANAL ZONE PAY CASES 856 Judgments entered on the authority of Townsley and CANISTER COMPANY, THE.. 869 Taxes. Plaintiff's petition for writ of certiorari denied by CAULDWELL-WINGATE COMPANY_. 193 Government contract; delivery of sites for construction XIII CAUSBY, THOMAS LEE, AND WIFE (No. 46054).. Page 768 Plaintiff's petition for writ of certiorari denied by the CHICAGO AND NORTH WESTERN RAILWAY COMPANY. Materials shipped for military use under the Transportation Act of 1940. 804 CLARK, WILLIAM_ 444 Suit for salary; United States Circuit Judge; resignation CONDON-CUNNINGHAM COMPANY, ET AL (No. 46432)- Plaintiffs' petition for writ of certiorari denied by the 390 865 COTTON CONCENTRATION COMPANY, INCORPORATED__ 659 816 Just compensation; taking of plaintiffs' lands as the indirect result of erection of dam by the Government. COTTON WAREHOUSE CASES (Nos. 45767, 45801, 45802, 45825, 46270)__ 659 Government contracts; reduction of storage rates under a contract with one Government agency applicable to that agency only. Cox, WILEY J. 470 Personal injury; negligence on part of driver of Army CUDAHY PACKING COMPANY, THE (No. 46421)_____ Government contract; sale of eggs to Army; failure to notify contractor of rejection of part of shipment within reasonable time. 833 DETERDING, FLORENCE H 851 Government contract; dismissed upon stipulation and DEVAULT AND WHEELER, EXECUTORS 851 Increased labor costs under N. I. R. A. Judgment on offer of compromise. DI BENEDETTO, JOHN.... Plaintiff's petition for writ of certiorari denied by the DINEEN, ROBERT E., SUPERINTENDENT (No. 46208) Government contract; liquidated damages where sus- DORRANCE, WAYLAND C... Page 867 18 867 Plaintiff's petition for writ of certiorari denied by the ELLICOTT MACHINE CORPORATION. 62 Government contract; evidence; judicial notice of war FEDERAL COMPRESS & WAREHOUSE COMPANY..... FLOUR MILLS OF AMERICA, INC. (No. 46450)... Government contracts; delivery of flour; weekly shipping instructions provided by contracts; storage charges. FOREIGN TRADE MANAGEMENT COMPANY, INC. (No. 45989)___ 659 1 816 116 587 Just compensation; no recovery for copra sold to Govern- FRED HOWLAND, INC... 854 Construction contract. Judgment in accordance with GARCIA, VICTOR M.... 523 Pay and allowances; Army officer with dependent mother. GARGARO (ATTLY J.) ET AL. 854 Defendant's demurrers overruled. GARGARO, DON___ 528 Income tax; claim for refund of proportionate amount of tax due to partial refund of bonus. GREGORY, HERBERT M. (No. 45570)_ 867 Plaintiff's petition for writ of certiorari denied by the GUINNESS, BENJAMIN_ 84 Income tax; distribution of stock as dividend to stock holder before transfer. |