Picou v. Rimrock Tidelands, Inc.

AINSWORTH, District Judge.

This is a suit for personal injuries. Pending before the court are two motions, one for default judgment by defendant Continental against co-defendant Rimroek for failure to answer cross-claim, the second by Rimroek for dismissal of the cross-claim of Continental. The question to be determined is whether the prior dismissal of this suit as to defendant Rimroek because of the absence of diversity of citizenship between plaintiif and Rimroek operates, ipso facto, as a dismissal of the cross-claim filed by Continental against Rimroek. Continental’s cross-claim was filed…