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Johnson v. Better Materials Corp.

filed: November 23, 1976.

MARY L. JOHNSON, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF LEROY JOHNSON, DECEASED AND LORETTA JOHNSON, ADMINISTRATRIX AD PROSEQUENDUM AND GENERAL ADMINISTRATRIX OF THE ESTATE OF HERBERT D. JOHNSON, DECEASED
v.
BETTER MATERIALS CORPORATION (DEFT., 3D-PARTY PLAINTIFF IN D.C.) V. ATLANTIC CITY ELECTRIC COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY (3D-PTY. DEFT. IN D.C.), APPELLANT. (D.C. CIVIL NO. 74-1097)



APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Before SEITZ, Chief Judge, ALDISERT and GIBBONS, Circuit Judges.

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.

19761123

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