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ZURN INDUSTRIES, INC. v. ACTON CONST. CO., INC.

No. 87-1441.

847 F.2d 234 (1988)

ZURN INDUSTRIES, INC., Plaintiff-Third Party Plaintiff-Appellant, v. ACTON CONSTRUCTION CO., INC., Defendant-Appellee, v. CITY OF GARLAND, A Texas Corp., Defendant-Counter Plaintiff-Appellant, v. URS CO., Successor in Interest of Forrest & Cotton, Inc., A Texas Corp., Defendant-Counter Defendant-Appellant. BROYLES & BROYLES, et al., Counter Defendants-Appellees, v. ICI AMERICAS, INC., Third Party Defendant-Appellee-Appellant.

United States Court of Appeals, Fifth Circuit.

June 17, 1988.

Attorney(s) appearing for the Case

Neal J. Sweeney, Bert R. Oastler, Atlanta, Ga., for City.

John C. McIntyre, Thomas J. Wingfield, III, Carolyn Thorn Thurston, Atlanta, Ga., for Zurn.

Jay A. Brandt, Joe B. Harrison, Michael G. Wimer, Dallas, Tex., for ICI Americas.

Willis E. Kuhn, II, Raymond V. Carroll, Jr., David Taubenfeld, William Allensworth, Dallas, Tex., for URS.

G. Luke Ashley, Katherine Armstrong, Dallas, Tex., for Broyles & Broyles, Inc.

Joe F. Canterbury, Jr., Dallas, Tex., for Acton Const. Co.

James Gregory Marks, R. Brent Cooper, Dallas, Tex., for Engineering Science, Inc.

Before REAVLEY, GARWOOD and DAVIS, Circuit Judges.

REAVLEY, Circuit Judge:

Zurn Industries, Inc.,1 appeals the district court's dismissal for lack of subject matter jurisdiction after the court realigned the parties at the expense of diversity. We conclude that the realignment was improper and reverse and remand.

I.

The controversy arises out of the construction of Garland, Texas's Duck Creek Sewage Treatment Plant. Zurn was the subcontractor who built the carbon absorption...

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