GROGAN V. BABSON BROTHERS CO.
101 F.R.D. 697 (1984)
NATURE OF THE CASE: Grogan (P) motioned to join two non-diverse defendants, a distributor
and a retailer, in P's suit against Babson (D) for negligence and the breach of warranty.
The new defendants will destroy diversity and require a remand.
FACTS: P sued D alleging negligence and breach of warranty related to livestock milking
equipment manufactured by D, distributed by Surge and installed by Carrier. D removed the
case to federal court on diversity. P claims he equipment caused electric current to come
into contact with the livestock during the milking operations. Carrier undertook to modify
and correct the defect but abandoned its efforts without having corrected the problem. D
moved to join Surge and Carrier as defendants. Joining would destroy diversity and require a
remand to state court. D objected claiming that P's sole motive was to compel remand.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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