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FAWVOR v. TEXACO, INC.

No. 75-2596.

546 F.2d 636 (1977)

Curtis FAWVOR, Plaintiff-Appellee, v. TEXACO, INC., Defendant-Third-Party Plaintiff, v. FOSTER WHEELER CORPORATION, Third-Party Defendant-Appellee. B & B Insulation, Inc., Defendant-Third-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 4, 1977.

Attorney(s) appearing for the Case

John G. Tucker, Lawrence L. Germer, Beaumont, Tex., for appellant.

Joe H. Tonahill, Jasper, Tex., for Curtis Fawvor.

J. Dan Bohannan, Dallas, Tex., for Burford, Ryburn & Ford.

John G. Bissell, Beaumont, Tex., for Texaco, Inc.

George A. Weller, Beaumont, Tex., for Foster Wheeler, and others.

Before BROWN, Chief Judge, and HILL and FAY, Circuit Judges.

FAY, Circuit Judge:

This interlocutory appeal was taken pursuant to Title 28, U.S.C. § 1292(b), to have the Court determine whether an independent basis for jurisdiction must exist before a plaintiff in a diversity case may assert a state-created cause of action against a third party defendant, when both the plaintiff and the third-party defendant are citizens of the same state. This Court finds that some independent basis is necessary for federal jurisdiction...

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