WARREN G. KLEBAN ENGINEERING CORPORATION v. Caldwell, No. 73-3323. Summary Calendar.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBELL, SIMPSON and MORGAN, Circuit
Citation490 F.2d 800
Decision Date08 March 1974
Docket NumberNo. 73-3323. Summary Calendar.
PartiesWARREN G. KLEBAN ENGINEERING CORPORATION, Plaintiff-Appellant, v. Thomas CALDWELL et al., Defendants-Appellees, Denton Roberts, Jr., d/b/a Roberts Electrical Service, Intervenor-Appellant.

490 F.2d 800 (1974)

WARREN G. KLEBAN ENGINEERING CORPORATION, Plaintiff-Appellant,
v.
Thomas CALDWELL et al., Defendants-Appellees,
Denton Roberts, Jr., d/b/a Roberts Electrical Service, Intervenor-Appellant.

No. 73-3323. Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

March 8, 1974.


490 F.2d 801

Ralph E. Rood, Dewitt T. Hicks, Jr., Columbus, Miss., for Kleban.

Johnny N. Tackett, Aberdeen, Miss., for Roberts.

W. Lester McDonough, New Albany, Miss., Laurel G. Weir, Philadelphia, Miss., for defendants-appellees.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

BELL, Circuit Judge:

Plaintiff-appellant, a citizen of Mississippi, began this suit against other Mississippi citizens in the state courts of Mississippi. It was removed to federal district court by the appellees, who constitute the Pontotoc County Board of Education. The case concerns damages allegedly owed by appellees for their refusal to accept plaintiff-appellant and intervenor-appellant as subcontractors in the construction of two school buildings. We vacate for lack of jurisdiction in the district court.

While the buildings were required by federal court order, to establish a unitary school system in Pontotoc County, no federal question is involved in this suit. The district court addressed

490 F.2d 802
the jurisdictional issue as follows:1
"Although no party has questioned our jurisdiction, we conclude that we are vested with ancillary jurisdiction to determine the present controversy because of the many-faceted aspects of the prolonged litigation aimed at establishment of a unitary school system in Pontotoc County, as reflected by the extensive prior hearings and various injunctive orders of this court, which we judicially note. Wright, Law of Federal Courts, 2d Ed., § 9, p. 19."

The district court misconceives the scope of ancillary jurisdiction. That doctrine is a limited exception to the rule that federal district courts have only such jurisdiction as is provided, in terms, by the Constitution or a statute. It may be employed when a federal court is presented with issues or parties so closely related to a matter over which it has jurisdiction as to be part of a single Article III "case". In such circumstances, and in the interest of judicial economy and complete justice, a federal court can exercise ancillary jurisdiction over such issues or parties. See United Mine Workers v. Gibbs, 383 U.S. 715, 725-727, 86 S.Ct. 1130, 16 L.Ed.2d 218, 228-230, dealing with the related concept of pendent jurisdiction.

Thus the doctrine may be appropriately employed to obtain jurisdiction, in the absence of diversity, over non-federal compulsory counterclaims, Scott v. Fancher, 5 Cir., 1966, 369 F.2d 842, and cross-claims, Childress v. Cook, 5 Cir., 1957, 245 F.2d 798. It should be noted that in each instance Rule 13, F. R.Civ.P., requires that the claim arise out of a transaction or occurrence that is the subject matter of claims properly before...

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43 practice notes
  • United States v. State of Tex., Civ. A. No. 5281.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • August 27, 1985
    ...proper. Hines v. Rapides Parish School Board, 479 F.2d 762, 765 (5th Cir.1973). See also Warren G. Cleban Engineering Corp. v. Caldwell, 490 F.2d 800, 803 (5th Cir.1974) (court in school integration case improperly exercised jurisdiction over contract dispute between builders of new school ......
  • Vietnamese Fishermen's Ass'n v. KNIGHTS, ETC., Civ. A. No. H-81-895.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • June 9, 1982
    ...has held that ancillary jurisdiction cannot support the presence of permissive intervenors. Warren G. Kelban Engineer Corp. v. Caldwell, 490 F.2d 800, 802 (5th Cir. 1974). Kelban, however, did not involve a federal question and the district court incorrectly assumed it had ancillary jurisdi......
  • In re Euro-Swiss Intern. Corp., Bankruptcy No. 79 B 10245(JL)
    • United States
    • United States Bankruptcy Courts. Second Circuit. U.S. Bankruptcy Court — Southern District of New York
    • October 18, 1983
    ...Sue & Sam Manufacturing Co. v. B.L.S. Construction Co., 538 F.2d 1048-51 (4th Cir.1976); Warren G. Kleban Engineering Corp. v. Caldwell, 490 F.2d 800, 802 (5th Cir.1974). Pipeliners Local Union No. 798 v. Ellerd, 503 F.2d 1193, 1198 (10th Notwithstanding Judge Friendly's persuasive concurri......
  • Florida Medical Ass'n v. DEPARTMENT OF HEALTH, ETC., No. 78-178-Civ-J-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 11, 1978
    ...Cir. 1976); Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515 F.2d 1200, 1205 (5th Cir. 1975); Warren G. Kleban Engin'g Corp. v. Caldwell, 490 F.2d 800, 802 (5th Cir. 1974); United States v. United Pacific Ins. Co., 472 F.2d 792, 794 and n. 7 (9th Cir. 1973), cert. denied sub nom. United Pa......
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43 cases
  • United States v. State of Tex., Civ. A. No. 5281.
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • August 27, 1985
    ...proper. Hines v. Rapides Parish School Board, 479 F.2d 762, 765 (5th Cir.1973). See also Warren G. Cleban Engineering Corp. v. Caldwell, 490 F.2d 800, 803 (5th Cir.1974) (court in school integration case improperly exercised jurisdiction over contract dispute between builders of new school ......
  • Florida Medical Ass'n v. DEPARTMENT OF HEALTH, ETC., No. 78-178-Civ-J-S.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 11, 1978
    ...Cir. 1976); Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515 F.2d 1200, 1205 (5th Cir. 1975); Warren G. Kleban Engin'g Corp. v. Caldwell, 490 F.2d 800, 802 (5th Cir. 1974); United States v. United Pacific Ins. Co., 472 F.2d 792, 794 and n. 7 (9th Cir. 1973), cert. denied sub nom. United Pa......
  • In re Hospitality Ventures/Vavista, Bankruptcy No. 01-88200.
    • United States
    • United States Bankruptcy Courts. Eleventh Circuit. U.S. Bankruptcy Court — Northern District of Georgia
    • January 4, 2007
    ...before it, it may decide other matters raised by the case . . . ." Id. at 56; see also [Warren G. Kleban Engineering Corp. v.] Caldwell, 490 F.2d 800, 802 (5th Cir. 1974). Ancillary jurisdiction originally was applied in proceedings where non-diverse claimants sought to intervene in federal......
  • Vietnamese Fishermen's Ass'n v. KNIGHTS, ETC., Civ. A. No. H-81-895.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • June 9, 1982
    ...has held that ancillary jurisdiction cannot support the presence of permissive intervenors. Warren G. Kelban Engineer Corp. v. Caldwell, 490 F.2d 800, 802 (5th Cir. 1974). Kelban, however, did not involve a federal question and the district court incorrectly assumed it had ancillary jurisdi......
  • Request a trial to view additional results

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