Legal Opinion

Beck v. Commonwealth Edison Co.

District Court, C.D. Illinois

Decided January 14, 1992No. 88-3302Published

1Opinion of the Court

*1375OPINION

RICHARD MILLS, District Judge:

Diversity.

Can a defendant in a diversity case add additional non-diverse parties to a pending federal case by virtue of a third-party complaint for contribution and indemnity?

Simply put: no.

I. Facts

Gilbert Beck — the Plaintiff and a resident of Missouri — was employed by Technical as an insulator and was working on the construction of a power plant for Commonwealth Edison, an Illinois resident. Commonwealth Edison had also contracted with Thiessen to perform asbestos removal and insulation work. While Beck was working on top of various pipes above the…

2Cases cited11 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  3. Aldinger v. HowardSupreme Court of the United States · 1976
  4. Finley v. United StatesSupreme Court of the United States · 1989
  5. Harbor Insurance Company v. Continental Bank CorporationCourt of Appeals for the Seventh Circuit · 1991

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