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

The Dartmouth College Alumni Association amended its constitution to change the way in which Alumni representatives to the College's Board of Trustees were selected. Tell, and six others sued the Alumni Association in State court and failed. They then filed suit as a class action against the trustees in that the new selection process violated an 1891 contract between the College and the Alumni. A contract was entered into between Dartmouth and its Alumni concerning the management of the college in the late 1880's. That dispute was resolved in 1891 with a contract for the procedures to select Alumni to serve on the Board of Trustees. These procedures were in effect until the 1990 Amendments were approved. P argue that the 1891 Trustee selection process constituted a binding contract between the College and the Alumni and that the Trustees breached the duty of good faith and fair dealing by improperly inducing the Alumni Association to adopt the 1990 changes without first disclosing the existence of the 1891 contract. D moved under Rule 19 to dismiss for failure to join a required party.

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