Legal Opinion
Carolina Asphalt Paving, Inc. v. Balfour Beatty Construction, Inc.
District Court, D. South Carolina
Decided November 19, 2004No. Civ.A. No. 9:04-1578-23PublishedCited by 2 opinions
1Opinion of the Court
ORDER
DUFFY, District Judge.
This matter is before the court upon Plaintiff Carolina Asphalt Paving, Inc.’s (“Carolina Asphalt”) Motion for Joinder of Additional Parties and For Leave to File Amended Reply to Counterclaim and Third-Party Summons and Complaint. Should the court grant this motion, Carolina Asphalt asks the court to remand this matter to state court, as the joinder of the additional party would defeat diversity jurisdiction. For the reasons set forth herein, Plaintiffs motion is granted.
BACKGROUND
This case arises from the construction and widening of Highway 170, including the…
2Cases cited7 opinions
- Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
- Somportex Limited v. Philadelphia Chewing Gum Corporation v. Brewster, Leeds & Co., Inc. And M. S. International, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1972
- Janney Montgomery Scott, Inc. v. Shepard Niles, Inc.Court of Appeals for the Third Circuit · 1993
- del Rosario Ortega v. Star KistCourt of Appeals for the First Circuit · 2004
- Remington Arms Co. v. Liberty Mutual InsuranceDistrict Court, D. Delaware · 1990
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3Cited by2 opinions
- Mattel, Inc. v. BryantDistrict Court, C.D. California · 2005
- Macaulay v. St. Louis BOA Plaza, LLCDistrict Court, E.D. Missouri · 2022