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In a hearing to determine whether the Eastern District of Pennsylvania is the appropriate court to decide if Cravath Swaine & Moore should be enjoined from representing Air Products in its bid to acquire Airgas, the judge focused on one party who wasn’t there — Air Products.

In Airgas v. Cravath Swaine & Moore, District Judge Eduardo C. Robreno asked lawyers for both sides whether Federal Rule of Civil Procedure 19 regarding joinder of parties required Air Products be a party to a suit that could potentially result in the company having its attorneys of choice being thrown out. The judge did mention Air Products joining the case would ruin diversity of jurisdiction and lead to a dismissal.

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