Guaranteed Systems, Inc. v. American National Can Co.
United States District Court for the Middle District of North Carolina
842 F. Supp. 855 (1994)
Guaranteed Systems, Inc. (Guaranteed) (plaintiff), a North Carolina corporation, sued American National Can Company (National Can) (defendant), a Delaware corporation, in a North Carolina state court, on account of National Can’s failure to pay Guaranteed for construction work performed. National Can removed the case to federal court on the basis of diversity, then counterclaimed against Guaranteed for negligence in its performance of the work. Pursuant to Rule 14(b) of the Federal Rules of Civil Procedure (FRCP), Guaranteed impleaded R.K. Elite-HydroVac Services, Inc. (HydroVac), a subcontractor, alleging claims for indemnity and contribution in the event that National Can prevailed in its counterclaim against Guaranteed. HydroVac moved to dismiss the third-party complaint on the grounds that HydroVac was not diverse from Guaranteed and the federal court, therefore, lacked supplemental jurisdiction over the third-party complaint.
Rule of Law
Holding and Reasoning (Bullock, Jr., C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.