Comenout v. Whitener – Turtle Talk

The Nation is an indispensible party under Rule 19(b). As discussed above, a judgment in Comenout’s favor would prejudice the Nation’s contractual rights under the lease. Comenout also cannot be accorded complete relief in the Nation’s absence because any injunction would not be binding on the Nation. Further, the relief sought by Comenout cannot be shaped to lessen the potential prejudice to either Comenout or the Nation. Partial relief is also inadequate, because the Nation could still attempt to enforce its rights to use the property for commercial purposes as the lessee.