Court of Appeals for the Third Circuit February 4, 1977, 75-2596 (Curtis Fawvor v. Texaco, Inc., Defendant-Third-Party v. Foster Wheeler Corporation, Third-Party B & B Insulation, Inc., Defendant-Third-Party)

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.