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Civil Procedure Keyed to Erichson
Viacom International, Inc. v. Kearney
Citation:212 F.3d 721 (2d Cir. 2000)
Viacom (Plaintiff) sued Kearney (Defendant) in federal court exercising diversity jurisdiction for costs arising from the environmental cleanup of the facilities at Taylor Forge Stainless. Kearney filed counterclaims against Viacom and third-party complaints against two additional parties. One of these parties filed a fourth-party complaint against Taylor Forge. The court granted Kearney’s motion to dismiss the action, holding that Forge was a necessary and indispensable party who could not join in Kearney’s counterclaims because this would destroy the court’s diversity jurisdiction. Viacom appealed the dismissal of the case.
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