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Owen Equipment & Erection Co. v. Kroger

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Bloomberg Law

Citation. 437 U.S. 365, 98 S. Ct. 2396, 57 L. Ed. 2d 274, 1978 U.S. 114

Brief Fact Summary. The Respondent-Plaintiff, Kroger (Plaintiff), a citizen of Iowa, filed suit against Omaha Public Power district, a Nebraska citizen, in federal district court. The basis of federal court jurisdiction was diversity. Respondent amended the complaint naming the Petitioner-Defendant, Owen Equipment & Erection Co. (Defendant), an Iowa corporation, as an additional defendant.

Synopsis of Rule of Law. Diversity jurisdiction does not exist unless each defendant is a citizen of a different state from each plaintiff, even where the non-diverse defendant is impleaded through ancillary jurisdiction.


Facts. Plaintiff, a citizen of Iowa, filed suit against Omaha Public Power district, a Nebraska citizen, in federal district court, where the basis of federal court jurisdiction was diversity. Respondent amended the complaint naming Defendant, an Iowa corporation, as an additional defendant.

Issue. Whether a federal court has ancillary jurisdiction over a third-party defendant named in an amended complaint in a suit in which complete diversity exists between the plaintiff and the original defendant, but where the newly named third-party defendant is a citizen of the same state that the plaintiff is.

Content Type: Brief


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