Summary
holding that the district court did not have diversity jurisdiction over an action because diversity of citizenship never existed, and thus the district court lacked the constitutional authority to proceed
Summary of this case from Certain Underwriters at Lloyd's v. GjevukajOpinion
No. 14-3397
04-08-2015
CBS CORPORATION, Appellant v. SCHINDLER ELEVATOR CORPORATION
United States District Court for the Western District of Pennsylvania
(2-12-cv-01027)
District Judge: Honorable David S. Cercone
Present: FISHER, HARDIMAN, ROTH, Circuit Judges.
ORDER
The parties agree that the District Court did not have subject matter jurisdiction over this state-law breach of contract action because diversity of citizenship never existed. Therefore, the District Court lacked the constitutional authority to "proceed at all in [this] cause." Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1868). On consideration whereof, it is now hereby
ORDERED and ADJUDGED by this Court that the judgment of the District Court entered June 26, 2014, be and the same is hereby VACATED and this case is REMANDED with instructions that the case be dismissed without prejudice.
BY THE COURT
s/ D. Michael Fisher
Circuit Judge
Dated: April 8, 2015
ARL/cc: FWB; SD; BWF; SWZ; RAC; DCS