Travis Mills Corp. v. Square D. Co.

MEMORANDUM AND ORDER

BRODERICK, District Judge.

In this diversity case, the jury, in answer to interrogatories, found the defendant Construction Electric Company (Construction Electric) negligent and found that its negligence was a proximate cause of a fire which damaged the plaintiff’s factory.1 The jury also found no liability as to the defendant Square D. Company. Presently before the Court is the suggestion of the defendant Construction Electric, under Rule 12(h) (3) of the Federal Rules of Civil Procedure, that the Court lacks subject matter jurisdiction, and the Motions of the defendant…