Owen Equipment & Erection Co. v. Kroger

Owen Equipment & Erection Co. v. Kroger
Argued April 18, 1978
Decided June 21, 1978
Full case nameOwen Equipment & Erection Company v. Kroger, Administratrix
Citations437 U.S. 365 (more)
98 S. Ct. 2396; 57 L. Ed. 2d 274; 1978 U.S. LEXIS 114; 25 Fed. R. Serv. 2d (Callaghan) 554
Case history
Prior558 F.2d 417 (8th Cir. 1977) (upholding verdict for plaintiff); cert. granted, 434 U.S. 1008 (1978).
SubsequentCodified in 28 U.S.C. § 1367(b)
Holding
The court did not have ancillary jurisdiction to hear respondent's new claim that would defeat complete diversity because the new claim was not sufficiently related to the original claim and the plaintiff chose to bring the action in federal court.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityStewart, joined by Burger, Marshall, Blackmun, Powell, Rehnquist, Stevens
DissentWhite, joined by Brennan
Laws applied
28 U.S.C. § 1332

Owen Equipment & Erection Co. v. Kroger, 437 U.S. 365 (1978), is a case that was decided by the United States Supreme Court regarding the civil procedure subject of ancillary jurisdiction.