Curtis Fawvor v. Texaco, Inc., Defendant-Third-Party v. Foster Wheeler Corporation, Third-Party B & B Insulation, Inc., Defendant-Third-Party

FAY, Circuit Judge:

This interlocutory appeal was taken pursuant to Title 28, U.S.C. § 1292(b), to have the Court determine whether an independent basis for jurisdiction must exist before a plaintiff in a diversity case may assert a state-created cause of action against a third party defendant, when both the plaintiff and the third-party defendant are citizens of the same state. This Court finds that some independent basis is necessary for federal jurisdiction, and therefore reverses the lower court.

Based on diversity jurisdiction, plaintiff, a Texas citizen, brought a negligence action in…