Williams v. Fanning, 332 U.S. 490 (1947)

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Williams v. Fanning

No. 47

Argued October 22, 1947
Decided December 8, 1947
332 U.S. 490

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. Those against whom the Postmaster General has issued a postal fraud order may sue the local postmaster to enjoin him from carrying out the order, and the Postmaster General is not an indispensable party. Pp. 492-494.

2. The superior officer is an indispensable party if a decree granting the relief sought will require him to take action, either by exercising directly a power lodged in him or by having a subordinate exercise it for him. Pp. 492-493.

3. The superior officer is not an indispensable party if the decree which is entered would effectively grant the relief desired by expending itself on the subordinate official who is before the court. Pp. 493-494.

158 F.2d 95 reversed.

The District Court dismissed a suit to enjoin a postmaster from carrying out a fraud order issued by the Postmaster General. The Circuit Court of Appeals affirmed. 158 F.2d 95. This Court granted certiorari. 3 31 U.S. 797. Reversed, p. 494.