Legal Opinion

Kenrose Mfg. Co., Inc., a New York Corporation v. Fred Whitaker Company, Inc. v. Kilodyne, Inc.

Court of Appeals for the Fourth Circuit

Decided August 7, 1972No. 72-1007PublishedCited by 67 opinions

1Opinion of the Court

SOBELOFF, Senior Circuit Judge:

Our task here is to determine whether independent subject-matter jurisdiction is necessary for a plaintiff in a federal court to maintain a claim directly against a third-party defendant. Notwithstanding the acknowledged relaxation of jurisdictional requirements in federal third-party practice, we agree with the District Judge that the course of action proposed by plaintiff would exceed the limits of the court’s power. We therefore affirm the District Court’s order dismissing the amended complaint against the third-party defendant for lack of subject-matter…

2Cases cited26 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Dery v. WyerCourt of Appeals for the Second Circuit · 1959
  3. American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
  4. Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
  5. National Mutual Ins. Co. Of the District of Columbia v. Liberty Mutual Ins. Co.Court of Appeals for the D.C. Circuit · 1952

21 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  2. Aldinger v. HowardSupreme Court of the United States · 1976
  3. Glus v. G. C. Murphy Co.Court of Appeals for the Third Circuit · 1977
  4. Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
  5. S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. HerrCourt of Appeals for the First Circuit · 1986

62 more not listed; retrieve them via the Exa API.

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