Stifle v. Marathon Oil Co.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

This matter is before the Court on third-party defendant Insulating & Materials Corporation’s (“I & M”) Motion to Dismiss Marathon Oil Company’s (“Marathon”) Third-Party Complaint; Marathon’s Motion to Dismiss the Amended Complaint for lack of subject matter jurisdiction; Marathon’s Motion for Set-off; and plaintiff Danny Stifle’s Motion to Drop a Misjoined Party.

1. Plaintiff’s Motion to Drop a Mis-joined Party and Marathon’s Motion to Dismiss the Amended Complaint.

On January 4, 1988, plaintiff filed an Amended Complaint that added I & M, which has its…