KENROSE MFG. CO., INC. v. FRED WHITAKER CO., INC.

No. 72-1007.

512 F.2d 890 (1972)

KENROSE MFG. CO., INC., a New York Corporation, et al., Appellants. v. FRED WHITAKER COMPANY, INC., v. KILODYNE, INC., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1972.


Attorney(s) appearing for the Case

Ralph Masinter, Roanoke, Va. (Masinter & Masinter, Roanoke, Va., on brief), for appellants.

William B. Poff, Roanoke, Va. (Woods, Rogers, Muse, Walker & Thornton and B. K. Cruey, and Bates, Cruey & Lee, Roanoke, Va., on brief), for appellee, Kilodyne, Inc.

S. D. Roberts Moore, Roanoke, Va. (Gentry, Locke, Rakes & Moore, and Raymond R. Robrecht, Roanoke, Va., on brief), for appellee, Fred Whitaker Company, Inc.

Before SOBELOFF, Senior Circuit Judge, and WINTER and CRAVEN, Circuit Judges.


SOBELOFF, Senior Circuit Judge:

Our task here is to determine whether independent subject-matter jurisdiction is necessary for a plaintiff in a federal court to maintain a claim directly against a third-party defendant. Notwithstanding the acknowledged relaxation of jurisdictional requirements in federal third-party practice, we agree with the District Judge that the course of action proposed by plaintiff would exceed the...

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