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Owen Equipment & Erection Co. v. Kroger

United States Supreme Court
437 U.S. 365 (1978)


Following the death of her husband in an industrial accident, Kroger (plaintiff), an Iowa resident, sued Omaha Public Power District (OPPD), a Nebraska corporation, in federal court, asserting diversity jurisdiction. Kroger subsequently amended her complaint to include Owen (defendant), an Iowa company, as a co-defendant. The district court granted summary judgment for OPPD and the court of appeals upheld. Owen Equipment & Erection Co. was impleaded by OPPD in the initial matter under Rule 14(a) of the Federal Rules of Civil Procedure. During court proceedings it became known that Owen was based in Iowa and not Nebraska as originally thought by Kroger, making the federal court venue problematic. After summary judgment was granted in district court and upheld in the court of appeals, the matter is appealed to the United States Supreme Court.

Rule of Law


Holding and Reasoning (Stewart, J.)

Dissent (White, J.)

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