Legal Opinion
Harrell & Sumner Contracting Co. v. Peabody Petersen Co.
Court of Appeals for the Fifth Circuit
Decided February 11, 1977No. 76-2885PublishedCited by 14 opinions
1Opinion of the Court
RONEY, Circuit Judge:
Plaintiff, Harrell & Sumner Contracting Co., Inc., appeals the district court’s dismissal of this cause for lack of diversity jurisdiction. 415 F.Supp. 573. The district court held that Tackett Construction Company, Inc., whose presence would destroy diversity of citizenship between the parties, was an indispensable party to the lawsuit as a joint venturer with plaintiff. It further held that the assignment from Tackett to plaintiff whereby Tackett retained a one-half interest in the proceeds was ineffective to bestow jurisdiction on the district court. 28 U.S.C.A. §…
2Cases cited9 opinions
- Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Grant County Deposit Bank v. McCampbellCourt of Appeals for the Sixth Circuit · 1952
- Caribbean Mills, Inc. v. Clayton S. KramerCourt of Appeals for the Fifth Circuit · 1968
- Russell v. ThielenSupreme Court of Florida · 1955
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gladys Hall Hamrick Smith, Individually and as of the Estate of Bethel T. Smith, Deceased v. State Farm Fire and Casualty CompanyCourt of Appeals for the Fifth Circuit · 1980
- Hanna Mining Co. v. Minnesota Power and Light Co.District Court, D. Minnesota · 1983
- Ranger Fuel Corporation v. The Youghiogheny and Ohio Coal CompanyCourt of Appeals for the Fourth Circuit · 1982
- Harrell And Sumner Contracting Company, Inc. v. Peabody Petersen CompanyCourt of Appeals for the Third Circuit · 1977
- Smith v. SMITH, BARNEY, ETC.District Court, W.D. Missouri · 1981
9 more not listed; retrieve them via the Exa API.