Spring Hill Dairy Co. v. Elswick

SWINFORD, District Judge.

The plaintiff, a resident and citizen of Ohio, has brought this action against the defendant, Chester E. Elswick, a resident and citizen of the Eastern District of Kentucky, seeking to recover the sum of $6,221.46. The sole ground of federal jurisdiction is diversity of citizenship. 28 U.S.C.A. § 1332(a) (1).

The defendant now moves the court to make Robert D. Whitt a third-party defendant to this action.

The record reveals that the defendant, Elswick, and the proposed third-party defendant, Whitt, are sole partners in a partnership identified as the Gilpin Dairy…