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 ADDISON MILLER, INC., ET AL-- Government contract. Plaintiffs' petition for writ of Plaintiff's petition for writ of certiorari denied by the ALGER-RAU, INC.. Government contract; increased labor costs resulting from Just compensation; imposition of embargo by Government BLOEDEL DONOVAN LUMBER MILLS, A CORPORATION_ Government contract; damage from forest fire resulting from orders of forest reserve agent. BOURQUIN, GEORGE M... Plaintiff's petition for writ of certiorari denied by the BROWN, WILLIAM E............. Overtime pay; deputy collector of customs at a port located CALIFORNIA ZINC COMPANY (THE), ET AL- Taking; joint action by affiliated corporations. CANAL ZONE PAY CASES.. Judgments entered on the authority of Townsley and CANISTER COMPANY, THE Taxes. Plaintiff's petition for writ of certiorari denied by CAULDWELL-WINGATE COMPANY.. Government contract; delivery of sites for construction Page 869 324 867 846 859 720 867 52 440 856 869 193 CAUSBY, THOMAS LEE, AND WIFE (No. 46054)....... C. B. Ross COMPANY, INC.---- 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. CLARK, WILLIAM. Suit for salary; United States Circuit Judge; resignation CONDON-CUNNINGHAM COMPANY, ET AL (No. 46432)- Plaintiffs' petition for writ of certiorari denied by the COTTON CONCENTRATION COMPANY, INCORPORATED__ Just compensation; taking of plaintiffs' lands as the indirect Government contracts; reduction of storage rates under a contract with one Government agency applicable to that agency only. Cox, WILEY J.. 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. DETERDING, FLORENCE H. Government contract; dismissed upon stipulation and DEVAULT AND WHEELER, EXECUTORS Increased labor costs under N. I. R. A. Judgment on Page 768 690 866 804 444 390 865 659 816 659 470 833 851 851 DI BENEDETTO, JOHN.. Plaintiff's petition for writ of certiorari denied by the DINEEN, ROBERT E., SUPERINTENDENT (No. 46208). Government contract; liquidated damages where suspension order was issued and contract was not terminated for delay. DORRANCE, WAYLAND C.. Plaintiff's petition for writ of certiorari denied by the ELLICOTT MACHINE CORPORATION_ 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)___ Just compensation; no recovery for copra sold to Government corporation, under contract of sale, without duress. FRED HOWLAND, INC.. Construction contract. Judgment in accordance with GARCIA, VICTor M.......... Pay and allowances; Army officer with dependent mother. GARGARO (ATTLY J.) ET AL.. Defendant's demurrers overruled. GARGARO, DON..... Income tax; claim for refund of proportionate amount of GREGORY, HERBERT M. (No. 45570). Plaintiff's petition for writ of certiorari denied by the GUINNESS, BENJAMIN_. Income tax; distribution of stock as dividend to stock- Page 867 18 867 62 659 1 816 116 587 854 523 854 528 867 84 |