party. After considering the factors set forth in Rule 19(b), we must conclude that the potential application of Res judicata, barring the Moores from ever litigating their own claim, constitutes a prejudice of massive proportions. In addition, we note that the Plaintiff has an adequate, available remedy in the state courts if her action here were dismissed. Some courts have considered the adequacy of an alternative remedy the most critical factor in determining whether an action should be dismissed for the failure to join a party with an interest in the action, see, e.g., Levitt & Sons, Inc. v. Swirnow, 58 F.R.D. 525 (D.Md.1973). Because of the potential prejudice to the Moores if the action proceeds without them, and because the Plaintiff has an adequate state court remedy, we declare the Moores indispensable parties to the continuance of the present action in federal court whose non-diversity as Pennsylvania residents would require the dismissal of the plaintiff's diversity action.
Even if we found that the Moores were not indispensable parties, we would still be required to dismiss the tort claims of the Plaintiff's action. First, because the Plaintiff's own sewer assessments appear to be substantially less than the $ 10,000 she could not maintain the diversity action by herself. Second, the Plaintiff cannot maintain her tort claims in a class action on behalf of other property owners subject to the assessment because the Plaintiff has not alleged, and there appears no basis in fact for alleging, that the individual claims of other class members exceed the $ 10,000 jurisdictional limit, see Zahn v. International Paper Co., 414 U.S. 291, 94 S. Ct. 505, 38 L. Ed. 2d 511 (1973).
The Plaintiff argues that she should be permitted to aggregate the individual claims of several property owners to satisfy the $ 10,000 jurisdiction limit. The Plaintiff relies on dicta in Snyder v. Harris, 394 U.S. 332, 335, 89 S. Ct. 1053, 22 L. Ed. 2d 319 (1969) which acknowledges that some courts have allowed aggregation of individual claims where two or more plaintiffs unite to enforce a "single title or right" in which they have a common, undivided interest. However, the Court in Snyder Held that the claims of several shareholders who sued an insurance company for the same acts of mismanagement could not aggregate their claims. Just as the individual claims of the plaintiffs in Snyder could not aggregate their claims under the "single right or title" exception to the rule against aggregation, the Plaintiffs here may not rely on the distinct claims of other property owners to satisfy the jurisdictional limit.
The final aspect of the Plaintiff's diversity claim is a derivative action on behalf of the Authority under Fed.R.Civ.P. 23.1 and 23.2. The purpose of derivative actions is to enable shareholders of corporations or members of unincorporated associations to prosecute meritorious causes of action which the corporation or the association refuses to prosecute, see 3B Moore's Federal Practice P 23.1-16 at p. 23.1-39 (Supp.1978).
The Authority is a municipal corporation organized under Pennsylvania law by a municipality to provide sewer service for individuals who own property in a particular geographical area. The Authority is not the creature, agency or representative of the municipality which organized it, but rather is an "independent (agency) of the Commonwealth and part of its sovereignty," Whitemarsh Twp. Authority v. Elwert, 413 Pa. 329, 332, 196 A.2d 843, 845 (1964); Commonwealth v. Erie Metropolitan Transit Authority, 444 Pa. 345, 348, 281 A.2d 882 (1971). Its members are individuals appointed by the organizing municipality to serve on the board of the authority, 53 Pa.Stat.Ann. § 303(e) (Purdon 1978), and are considered "public officers," see Commonwealth ex rel. McCreary v. Major, 343 Pa. 355, 22 A.2d 686 (1942). The Municipal Authorities Act of 1945, 53 Pa.Stat.Ann. § 301 Et seq., specifically defines the "board" of an authority to be its governing body and specifically empowers the organizing municipality to appoint the members of the board whose prescribed terms of office will commence from the date of their appointment. 53 Pa.Stat.Ann. § 309(A)(a). In view of the rigorous scheme set out in the statute for the appointment, office terms, and meetings of board members, we cannot hold that property owners who pay sewer assessments to the Authority are "members" of the Authority and consequently have standing to prosecute a derivative action under Fed.R.Civ.P. 23.2. In view of Pennsylvania's elaborate statute the relation of property owners to the Authority seems clearly different from that of laborers to a labor union, see Tunstall v. Brotherhood of Locomotive Firemen and Enginemen, 148 F.2d 403 (4th Cir. 1945), or that of automobile owners to an association which provides group insurance for ex-servicemen, see Baer v. United States Services Automobile Ass'n., 503 F.2d 393 (2d Cir. 1974), or other examples of suits brought on behalf of an unincorporated association by its members. Nor can we analogize the Plaintiff, as a property owner in the affected area, to a corporate shareholder in a derivative action against a third-party in view of the fact that courts have designated authorities as "independent agencies of the Commonwealth and part of its sovereign," Whitemarsh, Twp. Authority v. Elwert, 413 Pa. at 332, 196 A.2d at 845. For these reasons, we hold that the Plaintiff is neither a shareholder nor a member of the Authority for purposes of bringing a derivative action on behalf of the Authority against third parties in federal court. To reach any other conclusion would suggest that a bus rider could bring a federal derivative action on behalf of a transit authority for the careless driving of a motorist. We do not believe that the proper application of Fed.R.Civ.P. 23.1 and 23.2 would allow such actions. We believe our holding is fortified by the fact that the Municipal Authority Act creates an express cause of action in favor of bondholders of authorities, 53 Pa.Stat.Ann. § 308, yet limits the standing of a rate payer to suits brought in common pleas court to question the reasonableness or uniformity of any rate fixed by an authority of the adequacy, safety, and reasonableness of the authority's services, 53 Pa.Stat.Ann. § 306(B)(h) (Purdon's Supp.1978).
For the foregoing reasons, we find that this Court does not have the jurisdiction to hear the Plaintiff's case as an individual action or as a class action under 28 U.S.C. § 1332 and that the Plaintiff does not have the requisite standing to bring a diversity action under Fed.R.Civ.P. 23.1 and 23.2. In addition, we find that the Plaintiff has no cause of action, express or implied, under the Water Pollution Prevention and Control Act and that the Court thus lacks federal question jurisdiction under 28 U.S.C. § 1331.
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