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Civil Procedure Keyed to Marcus
Owen Equipment & Erection Co. v. Kroger
Citation:
437 U.S. 365 (1978)ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Kroger, an Iowa citizen, sued Omaha Public Power District (OPPD), a citizen of Nebraska, for wrongful death in federal district court. Jurisdiction was based on diversity. OPPD impleaded Owen Equipment, alleging that Owen owned the equipment on which Kroger’s decedent was working at the time of his death. Kroger amended her complaint to allege claims against Owen Equipment. Although it initially appeared that Owen Equipment was a citizen of Nebraska, it became clear during trial that Owen Equipment, like Kroger, was an Iowa citizen. By that time, the applicable statute of limitations would have precluded a state court suit by Kroger against Owen equipment. The district court entered judgment against Owen Equipment on a verdict for Kroger. The Court of Appeals affirmed.
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Subject Matter Jurisdiction