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STATE NAT. INS. CO. INC. v. YATES

No. 04-60157.

391 F.3d 577 (2004)

STATE NATIONAL INSURANCE COMPANY INC., Plaintiff-Appellant, v. Calvin YATES, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 2004.

Attorney(s) appearing for the Case

James R. Moore (argued), Rhonda Lea McCullough, Copeland, Cook, Taylor & Bush, Ridgeland, MS, for Plaintiff-Appellant.

Jim D. Waide, III, Ronnie Lee Woodruff (argued), Waide & Associates, Tupelo, MS, Ottis B. Crocker, Jr., Bruce, MS, for Defendant-Appellee.

Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court dismissed this suit for want of jurisdiction pursuant to Federal Rule of Civil Procedure 19. Plaintiff State National Insurance Company appeals. The district court concluded that it could not proceed without a third party, Bruce Insurance Agency, the joinder of which would defeat subject matter jurisdiction. Persuaded that supplemental jurisdiction supported the additional party to the counterclaim, we vacate...

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