Arkansas v. Texas, 346 U.S. 368 (1953)

ON MOTION FOR LEAVE TO FILE A COMPLAINT

Syllabus

Invoking the original jurisdiction of this Court under Art. III, § 2, of the Constitution, Arkansas filed a motion for leave to file a complaint against Texas. The complaint alleged that the University of Arkansas entered into a contract with a Texas charitable corporation whereby the corporation agreed to contribute money to the construction of a floor in a new hospital in the Arkansas State Medical Center; that, though the corporation is willing to perform, Texas has filed suit in the Texas courts to enjoin it on the ground that, under Texas law, its funds must be expended for the benefit of residents of Texas, and that the University has let contracts for the construction of the hospital, now partially completed, but is without funds to proceed further unless Texas is enjoined from interfering.

Held:

1. The corporation is not an indispensable party to the suit. Pp. 369-370.

2. The controversy is between two States, since the Arkansas is the real party in interest in the contract with the Texas corporation and the complaint alleges that Texas is unlawfully interfering with its performance. Pp. 370-371.