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Grogan v. Babson Brothers Co.

United States District Court for the Northern District of New York
101 F.R.D. 697 (1984)


Grogan purchased livestock milking equipment distributed by Surge Inc. of Babson Brothers Co. (Surge) and installed by Don Carrier Surge Inc. (Don Carrier). The equipment allegedly caused electrical current to come into contact with the animals. Grogan sued Surge and Don Carrier in a New York state court on account of the defective equipment. At the time, Grogan believed that Surge was the equipment’s manufacturer. Grogan later learned that the manufacturer was actually Babson Brothers Co. of Illinois (Babson) (defendant). Grogan therefore brought a separate suit against Babson, alleging negligence and breach of warranty among other things, in a New York state court. Babson removed the case to a federal district court on the basis of diversity. Grogan then moved to join Surge and Don Carrier as defendants in his suit against Babson. Because Surge and Don Carrier were not diverse from Grogan, joining them to the suit would destroy diversity and obligate the federal court to remand the matter to state court. Babson objected to Grogan’s motion for joinder, asserting that its sole motivation was to compel remand. The federal district court considered Grogan’s motion.

Rule of Law


Holding and Reasoning (Munson, C.J.)

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