United States Fourth Circuit

In case removed to federal court, grant of motion to dismiss third-party complaint against federal defendants is affirmed where the district court properly applied the doctrine of derivative jurisdiction in concluding that it did not possess subject-matter jurisdiction over the third-party claims against the federal defendants.

Appellate Information

• Argued 05/23/2007
• Decided 08/16/2007
• Published 08/16/2007

Judges

• Before NIEMEYER and GREGORY, Circuit Judges, and DAVID C. NORTON, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ancil Glenn Ramey, Steptoe & Johnson, Charleston, West Virginia, for Appellant.  Isaac J. Lidsky, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.   ON BRIEF:  Scott E. Johnson, Steptoe & Johnson, Charleston, West Virginia, for Appellant.  Peter D. Keisler, Assistant Attorney General, Gary Call, United States Attorney, Michael S. Raab, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellees.