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OWEN EQUIPMENT AND ERECTION COMPANY V. KROGER

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OWEN EQUIPMENT AND ERECTION COMPANY V. KROGER Powered By Docstoc
					CIV PRO OWEN EQUIPMENT AND ERECTION COMPANY V. KROGER, US Supreme Court, 1978 History: Court of Appeals of 8th Circuit held such a claim is w/in ancillary jurisdiction of federal courts Facts: James Kroger electrocuted when boom of a steel crane he was walking by came too close to a high-tension electric power line; Respondent (his widow) filed wrongful-death action in US District Court for District of NE against Omaha Public Power District OPPD filed 3rd party complaint against Owen Equipment and Erection Company alleging crane was owned by them and Owen’s negligence was proximate cause of Kroger’s death; OPPD moved for summary judgment on respondent’s claim against it While motion for summary judgment was pending, respondent was granted leave to file amended complaint naming Owen as defendant District Court granted OPPD’s motion for summary judgment in an unreported opinion Issue: In an action in which federal jurisdiction is based on diversity of citizenship, may the plaintiff assert a claim against a 3rd party defendant when there is no independent basis for federal jurisdiction over that claim? Holding: No—Court of Appeals reversed Analysis:


				
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