SNELL v. CLEVELAND, INC.

No. 01-35957.

316 F.3d 822 (2002)

Donald L. SNELL, Plaintiff-Appellant, v. CLEVELAND, INC., Defendant-Appellee, and Patricia Faber; John Does; Jane Does, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2002.


Attorney(s) appearing for the Case

Gary M. Zadick, Ugrin, Alexander, Zadick & Higgins, Great Falls, MT, for the appellant.

No appearance for the appellee.

Before TROTT, T.G. NELSON and THOMAS, Circuit Judges.


OPINION

PER CURIAM:

This case presents the question of whether a district court may, sua sponte, vacate a final judgment in a prior case not pending before the court because diversity jurisdiction, though it existed, was inadequately pled. We conclude that it cannot, and reverse.

I

Donald Snell filed this diversity tort action, captioned CV-00-00009 (hereinafter referred to as "the closed tort action"), in the United States District...

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