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HARRELL & SUMNER CONTRACTING v. PEABODY PETERSEN

No. 76-2885 Summary Calendar.

546 F.2d 1227 (1977)

HARRELL AND SUMNER CONTRACTING COMPANY, INC., a Georgia Corporation, Plaintiff-Appellant, v. PEABODY PETERSEN COMPANY, an Illinois Corporation, et al., Defendants-Third-Party Plaintiffs-Appellees, Evans Construction Company, a Division of Moore Pipe and Springler Co., a Corp., et al., Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

February 11, 1977.

Attorney(s) appearing for the Case

G. Gerald Kunes, Tifton, Ga., for plaintiff-appellant.

Lawrence M. Watson, Jr., Orlando, Fla., for Peabody Petersen Co.

Dewey R. Villareal, Jr., Tampa, Fla., for Orfino & Co.

Lynn C. Higby, Panama City, Fla., for St. Joe Paper Co.

Benjamin W. Redding, Panama City, Fla., for Sverdrup & Parcel Assoc., Inc. and Register & Cummings Engs., Inc.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff, Harrell & Sumner Contracting Co., Inc., appeals the district court's dismissal of this cause for lack of diversity jurisdiction. 415 F.Supp. 573. The district court held that Tackett Construction Company, Inc., whose presence would destroy diversity of citizenship between the parties, was an indispensable party to the lawsuit as a joint venturer with plaintiff. It further held that the assignment...

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