Johnson v. Better Materials Corp.

Court: Court of Appeals for the Third Circuit
Date filed: 1976-11-23
Citations: 556 F.2d 131, 23 Fed. R. Serv. 2d 1297
Copy Citations
1 Citing Case
Lead Opinion

OPINION OF THE COURT

PER CURIAM.

The question raised on this interlocutory appeal is whether plaintiffs may assert a state-law claim against Atlantic City Electric Company, a third-party defendant, when plaintiffs and Atlantic City are all citizens of New Jersey. On the basis of our precedents, we conclude that they may not. E. g., Rosario v. American Export-Isbrandtsen Lines, Inc., 531 F.2d 1227 (3d Cir. 1976); Patton v. Baltimore & Ohio R. R. Co., 197 F.2d 732 (3d Cir. 1952).

The order allowing plaintiffs to amend their complaint to include Atlantic City as an original party defendant will be reversed.