Fawvor v. Texaco Inc‪.‬

FAY, Circuit Judge: This interlocutory appeal was taken pursuant to Title 28, U.S.C. § 1292(b), to have the Court determine whether an independent basis for jurisdiction must exist before a plaintiff in a diversity case may assert a state-created cause of action against a third party defendant, when both the plaintiff and the third-party defendant are citizens of the same state. This Court finds that some independent basis is necessary for federal jurisdiction, and therefore reverses the lower court.