Owen Ewuipment and Erection Co v Kroger

1978

Venue: SCOTUS

Facts: See Kroger v. Omaha Public Power District

Posture: Looks like the court of appeals has allowed the case to proceed in spite of incomplete diversity.

Issue: Is complete diversity required?

Holding: Yes. Reversed.

Rule: Complete diversity. It's what Congress wants.

Reasoning: A plaintiff can't really complain if their claims can't be heard in federal court, since they were the ones who wanted to be in federal court. At least in this case: that's where Kroger sued. The non-federal claim is not ancillary to a federal claim.

Dicta: White, dissenting: It would make sense if we held that § 1332 only requires diversity between the plaintiff and defendants that the plaintiff brings into the case.