Johnson v. Better Materials Corp.

U.S. Court of Appeals for the Third Circuit November 23, 1976

Johnson v. Better Materials Corp., 556 F.2d 131 (3d Cir. 1976)

23 Fed. R. Serv. 2d 1297

Opinion of the Court

OPINION OF THE COURT

PER CURIAM.

The question raised on this interlocutory appeal is whether plaintiffs may assert a state-law claim against Atlantic City Electric Company, a third-party defendant, when plaintiffs and Atlantic City are all citizens of New Jersey. On the basis of our precedents, we conclude that they may not. E. g., Rosario v. American Export-Isbrandtsen Lines, Inc., 531 F.2d 1227 (3d Cir. 1976); Patton v. Baltimore & Ohio R. R. Co., 197 F.2d 732 (3d Cir. 1952).

The order allowing plaintiffs to amend their complaint to include Atlantic City as an original party defendant will be reversed.

Reference

Full Case Name: Mary L. JOHNSON, Administratrix ad Prosequendum and General Administratrix of the Estate of Leroy Johnson, and Loretta Johnson, Administratrix ad Prosequendum and General Administratrix of the Estate of Herbert D. Johnson v. BETTER MATERIALS CORPORATION (Defendant Third-Party in D.C.) v. ATLANTIC CITY ELECTRIC COMPANY, a corporation of the State of New Jersey (Third-Party in D.C.)
Cited By: 5 cases
Status: Published