OWEN EQUIPMENT & ERECTION CO. v. KROGER

No. 77-677.

437 U.S. 365 (1978)

OWEN EQUIPMENT & ERECTION CO. v. KROGER, ADMINISTRATRIX.

Supreme Court of United States.

Decided June 21, 1978.


Attorney(s) appearing for the Case

Emil F. Sodoro argued the cause for petitioner. With him on the briefs were David A. Johnson and Ronald H. Stave.

Warren C. Schrempp argued the cause for respondent. With him on the brief were John J. Hanley and Thomas G. McQuade.


MR. JUSTICE STEWART delivered the opinion of the Court.

In an action in which federal jurisdiction is based on diversity of citizenship, may the plaintiff assert a claim against a third-party defendant when there is no independent basis for federal jurisdiction over that claim? The Court of Appeals for the Eighth Circuit held in this case that such a claim is within the ancillary jurisdiction of the federal courts. We granted...

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