NATIONAL INS. UNDERWRITERS v. PIPER AIRCRAFT

Nos. 77-1506, 77-1507.

595 F.2d 546 (1979)

NATIONAL INSURANCE UNDERWRITERS, Appellee, v. PIPER AIRCRAFT CORPORATION, Aetna Life & Casualty Company, United States Aviation Underwriters, Inc., Thomas Cunningham, and James V. Phelps, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided March 26, 1979.


Attorney(s) appearing for the Case

Lee Wills of Kane, Donley & Wills, Colorado Springs, Colo., for appellant, James V. Phelps.

Submitted on the Briefs by Robert L. McGee, Jr. of Sheldon, Bayer, McLean & Glasman, Denver, Colo., for appellants, Piper Aircraft Corp., Aetna Life & Cas. Co., and United States Aviation Underwriters, Inc.

William R. Lahey, Denver, Colo. (Paul D. Renner, Denver, Colo., with him on brief), for appellee, Nat. Ins. Underwriters.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.


SETH, Chief Judge.

This appeal presents the question as to whether a federal court in a diversity suit may exercise pendent party jurisdiction over plaintiff's $7,000.00 claims against each of several defendants as to whom no independent basis of federal jurisdiction exists.

Plaintiff, National Insurance Underwriters, had issued a policy of hull insurance on a Piper airplane which suffered damage in the amount of $12,000.00. Plaintiff issued a check for the...

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