
    FUTRELL v. CITY OF NEWPORT NEWS, VA., et al.
    
    No. 4328.
    Circuit Court of Appeals, Fourth Circuit.
    June 20, 1938.
    William Davis Butts and H. Clay Mid-gett, both of Newport News, Va., for appellant.
    S. R. Buxton, of Newport News, Va., for appellee City of Newport News, Va.
    Before PARKER and NORTHCOTT, Circuit Judges, and CHESNUT, District Judge. .
    
      
      Rehearing denied Aug. 5, 1938
    
   PER CURIAM.

This is an appeal from an order dismissing an action by an administratrix of a decedent for failure to join her co-administrator as a party. The joinder of the co-administrator would have destroyed the diversity of citizenship necessary to the jurisdiction of the federal court; but we are of opinion that he was an indispensable party and that the action was properly dismissed for failure to join him. Blake v. McKim, 103 U.S. 336, 26 L.Ed. 563; Caylor v. Cooper, C.C., 165 F. 757.

Affirmed.  