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HALLERAN v. HOFFMAN

No. 91-2180.

966 F.2d 45 (1992)

Arthur J. HALLERAN, Jr., etc., Plaintiff, Appellant, v. Harry M. HOFFMAN, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Barbara L. Moore with whom Robert S. Molloy and Cooley, Manion, Moore & Jones, P.C., Boston, Mass., were on brief for plaintiff, appellant.

Philip Fertik with whom Herbert Beigel, Beigel & Sandler, Ltd., Chicago, Ill., Peter A. Pease and Berman, Devalerio & Pease, Boston, Mass., were on brief, for defendant, appellee.

Before CYR, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

LEVIN H. CAMPBELL, Senior Circuit Judge.

After appealing from the district court's dismissal of a declaratory judgment action, plaintiff, for the first time on appeal, challenges the existence of diversity jurisdiction. Because we cannot determine on the record before us whether diversity jurisdiction exists, we remand to the district court for further fact-finding.

I.

The underlying legal dispute involves the management of the Park Towne Place Associates...

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