The Department moves to dismiss the impleader. Husband and wife were injured when the automobile husband was driving and in which wife was a passenger was truck by an automobile driven by defendant. Some time after the accident husband and wife separated and wife moved into the same state as the defendant. Husband brought a diversity suit against defendant for his injuries. Wife has a cause of action against defendant for her own personal injuries and for loss of consortium resulting from the injured to husband, but has not joined in husband's suit.
Defendant moves to dismiss husband's suit for failure to join an indepensable party.
P, the owner of a patent, brought suit against two companies each of which was selling its own product that P claimed infringed P's patent. The defendants move for dismissal claiming misjoinder. A was severely injured in an automobile accident. B the driver of the other car, was injured in the same accident. While A was still in the hospital recovering from the accident, B filed suit against him in federal court on the basis of diversity of citizenship.