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FIDELITY & DEPOSIT CO. OF MD. v. SHEBOYGAN FALLS

No. 82-2982.

713 F.2d 1261 (1983)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, Plaintiff-Appellee, v. CITY OF SHEBOYGAN FALLS and the Village of Kohler, Defendants-Appellants, and Scotty Smith Construction Company, Inc., Midwesco Enterprises, Inc., and Krebs Engineers, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 1983.

Attorney(s) appearing for the Case

Paul H. Ten Pas, Robert H. Halvorsen, Halvorsen & Ten Pas, Sheboygan, Wis., for appellant.

Cornelius F. Riordan, McNeela & Griffin, Ltd., Aram A. Hartunian, Hartunian, Futterman & Howard, Chicago, Ill., for appellee.

Before CUMMINGS, Chief Judge, POSNER, Circuit Judge, and ROSENN, Senior Circuit Judge.

POSNER, Circuit Judge.

For a case to be within the diversity jurisdiction of the federal courts, diversity of citizenship must be "complete," meaning that no plaintiff may be a citizen of the same state as any defendant. Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806). The formal designation of a party in the complaint as plaintiff or defendant is not controlling; "the court will look beyond the pleadings, and arrange the parties according...

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