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PARKER v. W. W. MOORE & SONS, INC.

No. 75-1232.

528 F.2d 764 (1975)

Linwood PARKER, Administrator of the Estate of James L. Parker, Deceased, Appellant, v. W. W. MOORE & SONS, INC., Appellee, and Inclinator Company of America, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1975.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va. (Kelsey & Kelsey, Norfolk, Va., on brief), for appellant.

Berryman Green, IV, Norfolk, Va. (Breeden, Howard & MacMillan, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

HAYNSWORTH, Chief Judge.

The question is the existence of ancillary jurisdiction in a diversity action when a party of the same citizenship as the plaintiff is brought into the case by a third-party complaint and the plaintiff thereafter seeks to claim directly against the non-diverse third-party defendant. The district court dismissed the plaintiff's complaint against the third-party, and we affirm.

The plaintiff filed this action against Inclinator Company...

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