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_GENERAL DOCUMENTS - C1981017 (181)
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_GENERAL DOCUMENTS - C1981017 (181)
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Last modified
11/2/2020 8:46:00 AM
Creation date
10/19/2012 10:19:42 AM
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DRMS Permit Index
Permit No
C1981017
IBM Index Class Name
GENERAL DOCUMENTS
Doc Name
Bid Documents (IMP) Court Appeals
Permit Index Doc Type
General Correspondence
Media Type
D
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No
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1988) ; Continental Grain Co. v. Barge FBL-585, 364 U.S . 19 (1960) . <br /> There is also a clear risk of inconsistent decisions, particularly <br /> where the Division itself has already determined violations not to <br /> exist . See Ronson Corp. v. First Stamford Corp. , 48 F.R.D. 374, <br /> 377 (D. Conn. 1970) . In addition, the public interest lies in <br /> complete, consistent, and efficient resolution of legal <br /> controversies, avoiding unnecessary multiple litigation, and <br /> inconsistent verdicts . Budd Co. v. United States Dent . of <br /> Treasury, 89 F.R.D. 555, 559 (E.D. Pa. 1981) . Permitting this <br /> action to continue simultaneously with the administrative <br /> proceeding will defeat that interest . <br /> For these reasons therefore, this action is either moot or <br /> the subject of pending administrative proceedings and must be <br /> dismissed. <br /> D. THE PLAINTIFF HAS FAILED TO JOIN A PARTY NEEDED FOR JUST <br /> ADJUDICATION <br /> If this action is not dismissed for the reasons set forth <br /> above, it must nonetheless be dismissed unless the plaintiff joins <br /> Resources, a necessary party. <br /> Under C.R.C.P. 19 (a) , a nonparty must be joined if : <br /> (1) In his absence complete relief cannot be accorded <br /> among those already parties, or (2) he claims an <br /> interest relating to the subject of the action and is so <br /> situated that the disposition of the action in his <br /> absence may: (A) As a practical matter impair or impede <br /> his ability to protect that interest or (B) leave any of <br /> the persons already parties subject to a substantial <br /> risk of incurring double, multiple, or otherwise <br /> inconsistent obligations by reason of his claimed <br /> interest . <br /> -10- <br />
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