1. The corporation is not an indispensable party to the suit.
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.
3. The question whether the corporation has authority to expend its funds in furtherance of the Arkansas project is a question of Texas law. Hence the present motion is continued, without any expression of opinion on the merits, until the litigation in the Texas courts has been concluded.
By alleging that petitioners have, with deliberate indifference, exposed him to ETS levels that pose an unreasonable risk to his future health, McKinney has stated an Eighth Amendment claim on which relief could be granted.
