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SAALFRANK v. O'DANIEL

Nos. 75-1991, 75-1992.

533 F.2d 325 (1976)

Ned G. SAALFRANK, Plaintiff-Appellee, v. Melva M. O'DANIEL, Defendant and Third Party Plaintiff-Cross Appellant, v. PARKVIEW MEMORIAL HOSPITAL, INC., Third Party Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1976.

Rehearing and Rehearing Denied June 4, 1976.

Attorney(s) appearing for the Case

Wilbur C. Jacobs, Mittendorf, Jacobs, Reiser & Zriak, Toledo, Ohio, Thomas W. Yoder, C. Erik Chickedantz, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Ind., John M. Curphey, Robinson, Curphey & O'Connell, Toledo, Ohio, for appellants.

Warren Wyneken, Fort Wayne, Ind., Matt Kolb, Toledo, Ohio, for plaintiff-appellee.

Before WEICK, CELEBREZZE and LIVELY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 4, 1976.

LIVELY, Circuit Judge.

The principal question in this case is whether the district court properly assumed ancillary jurisdiction of a direct claim by a plaintiff against a non-diverse third party defendant in a personal injury action where the only basis of jurisdiction was diversity of citizenship. We reverse for the reasons stated herein.

Ned Saalfrank, a resident of Indiana, was injured when his...

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