Zurn Industries, Inc. v. Acton Construction Co.

REAVLEY, Circuit Judge:

Zum Industries, Inc.,1 appeals the district court’s dismissal for lack of subject matter jurisdiction after the court realigned the parties at the expense of diversity. We conclude that the realignment was improper and reverse and remand.

I

The controversy arises out of the construction of Garland, Texas’s Duck Creek Sewage Treatment Plant. Zum was the subcontractor who built the carbon absorption system, one component of the project. Acton Construction Company was one of the two general contractors. URS Company was the design engineer for the whole project.

Shortly after…