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Civil Procedure Keyed to Counsellor, 3rd Ed.
Owen Equipment and Erection Co. v. Kroger
Citation:
437 U.S. 365, 98 S. Ct. 2369, 57 L. Ed. 2D 274 (1978)Facts
On January 18, 1972, James Kroger was electrocuted when the boom of a steel crane came too close to a high-tension power line. His widow, Geraldine Kroger, filed a wrongful death action in federal court against Omaha Public Power District (OPPD), alleging negligent construction and maintenance of the power line. Jurisdiction was based on diversity of citizenship, as Kroger was an Iowa citizen and OPPD was a Nebraska corporation. OPPD then filed a third-party complaint against Owen Equipment & Erection Co., alleging that Owen owned and operated the crane and that Owen’s negligence was the proximate cause of Kroger’s death. Kroger subsequently amended her complaint to add Owen as a defendant. The District Court granted summary judgment to OPPD, leaving only Kroger’s claim against Owen. On the third day of trial, it was revealed that Owen’s principal place of business was in Iowa, making it an Iowa citizen like Kroger, which destroyed complete diversity.
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