Owen Equipment & Erection Co. v. Kroger
- Decided
- June 21, 1978
- Docket
- 77-677
- Status
- Published
- Jurisdiction
- Federal
Cited 2,475 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute (2 of 8 verified; none is a verified overruling) · Dalfio v. Simco-Robinson LLC
What later courts said
- holding that whereas plaintiff's claims against non-diverse parties destroyed diversity jurisdiction, ancillary (now supplemental) jurisdiction supported defendant's counterclaims and third-party claims against non-diverse parties — (untitled) (2003)
- holding that a third-party may not be impleaded merely because he may be liable to the plaintiff — Ryan v. Collucio (1998)
- holding that whereas plaintiff’s claims against non-diverse parties destroyed diversity jurisdiction, ancillary (now supplemental) jurisdiction supported defendant’s counterclaims and third-party claims against non-diverse parties — Latitude Service Company v. Reese (2022)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*367] Me. Justice Stewart delivered the opinion of the Court.
In an action in which federal jurisdiction is based on diversity of citizenship, may the plaintiff assert a claim against a third-party defendant when there is no independent basis for federal jurisdiction over that claim? The Court of Appeals for the Eighth Circuit held in this case that such a claim is within the ancillary jurisdiction of the federal courts. We granted certiorari, 434 U. S. 1008, because this decision conflicts with several recent decisions of other Courts of Appeals.[1]
I
Statutes cited
Cite this
Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365 (1978)Read the full opinion
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