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Copyright (c) 1979 Tennessee Law Review Association, Inc.
Tennessee Law Review

RECENT DEVELOPMENT: Federal Courts--Diversity Jurisdiction--Ancillary Jurisdiction and Third-Party Practice

Summer, 1979

46 Tenn. L. Rev. 865


Judy Wood Black


Plaintiff, a citizen of Iowa, brought a diversity 1 action for the wrongful death of her husband against defendant public utility corporation, alleging that the utility negligently constructed, maintained, and operated the power line where the deceased workman was electrocuted in an industrial accident. Defendant, a Nebraska corporation, impleaded a third party, 2 the corporation that owned and operated a crane that had come in contact with the power line and created the arc of electricity fatal to decedent. After the original defendant moved for summary judgment, plaintiff amended her complaint to state a claim against third-party defendant and alleged that it was incorporated in Nebraska and had its principal place of business in Nebraska. Defendant answered with a qualified general denial, admitting incorporation in Nebraska and denying generally all other allegations in the complaint. The original defendant's motion for summary judgment was granted, 3 and the case went to trial on plaintiff's claim against third-party defendant. On the third day of trial evidence was introduced to demonstrate that third-party defendant's principal place of business and, therefore, its citizenship, was in Iowa, not in Nebraska. Third-party defendant moved to dismiss the action for lack of subject matter jurisdiction. After the trial was concluded with a verdict for plaintiff, the trial judge denied defendant's motion. 4 On review, the Court of Appeals for the Eighth Circuit affirmed the judgment, 5 relying in part 6 on United Mine Workers v. Gibbs, 7 in which the Supreme Court held that ...
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