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SHELTON v. EXXON CORP.

Nos. 87-6021, 87-6049.

843 F.2d 212 (1988)

Robert R. SHELTON, et al., Plaintiffs-Appellees Cross-Appellants, v. EXXON CORPORATION, Defendant-Cross Defendant Appellant Cross-Appellee. v. KING RANCH, INC., et al., Defendants-Cross-Plaintiffs Appellees Cross-Appellants. In re Robert R. SHELTON, et al., Petitioners.

United States Court of Appeals, Fifth Circuit.

April 27, 1988.

Attorney(s) appearing for the Case

Joseph D. Jamail, Jr., Jamail, Kolius & Mithoff, Frank M. Staggs, Joe H. Foy, Mary Katherine Kennedy, Sarah B. Pierce, Houston, Tex., for Shelton, et al.

Alfred H. Ebert, Jr., Andrews & Kurth, Houston, Tex., for King Ranch, et al.

Joe H. Foy, Bracewell & Patterson, Sarah B. Pierce, Reynolds, Shannon, Miller, Blinn, White & Cook, Joe H. Reynolds, Houston, Tex., for Shelton Ranches, Inc., et al.

McGinnis, Lochridge & Kilgore, Barry L. Wertz, Austin, Tex., Frank G. Harmon, Michael Graham, Baker & Botts, William N. Blanton, III, Exxon Corp., Houston, Tex., for Exxon Corp.

Before RUBIN, JOLLY and DAVIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Appellant Exxon Corporation challenges the dismissal of a lawsuit between Exxon as defendant and Robert Shelton and King Ranch as plaintiffs. The case was dismissed by the district court for lack of diversity jurisdiction when the district court realigned King Ranch as a third-party defendant in the suit. Because we find that King Ranch is not an indispensable party to the suit, we reverse the district court's decision and remand it...

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