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GRUPO DATAFLUX v. ATLAS GLOBAL GROUP, L. P.

No. 02-1689.

541 U.S. 567 (2004)

GRUPO DATAFLUX v. ATLAS GLOBAL GROUP, L. P., ET AL.

Supreme Court of United States.

Decided May 17, 2004.

Attorney(s) appearing for the Case

William J. Boyce argued the cause for petitioner. With him on the briefs were Warren S. Huang and Mark A. Robertson.

Roger B. Greenberg argued the cause for respondents. With him on the brief was Gerardo Garcia.

SCALIA, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, and THOMAS, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which STEVENS, SOUTER, and BREYER, JJ., joined, p. 582.

JUSTICE SCALIA delivered the opinion of the Court.

This case presents the question whether a party's post-filing change in citizenship can cure a lack of subject-matter jurisdiction that existed at the time of filing in an action premised upon diversity of citizenship. See 28 U. S. C. § 1332.

I

Respondent Atlas Global Group, L. P., is a limited partnership created under Texas law. In November 1997, Atlas filed a state-law suit against petitioner...

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