This section contains the nature of the case and procedural background.

Schutten (P) filed suit to evict Shell (D) and to seek an accounting for the removal of oil, gas and other minerals from land in Louisiana. P claimed ownership of the land. D filed a motion to dismiss on grounds that the lessor, the Board of Commissioners of the Orleans Levee District, who also claimed ownership of the land was an indispensable party who cannot be joined as such action would destroy diversity. D's motion was granted, and the case dismissed. P appealed.

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