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AMERICAN CYANAMID v. NEW PENN MOTOR EXP.

No. 92-1334.

979 F.2d 310 (1992)

AMERICAN CYANAMID COMPANY, Appellant, v. NEW PENN MOTOR EXPRESS, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided November 4, 1992.

Attorney(s) appearing for the Case

Michael T. Scott, Christine L. Ciarrocchi, Reed, Smith, Shaw & McClay, Philadelphia, Pa., for appellant.

Paul D. Keenan, Andrew J. Walko, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., William D. Bierman, Westwood, N.J., for appellee.

Before: GREENBERG, NYGAARD, and HIGGINBOTHAM, Circuit Judges.

Submitted under Third Circuit Rule 12(6) October 26, 1992.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I.

BACKGROUND

This matter is before this court on appeal from an order entered April 15, 1992, dismissing this case for lack of subject matter jurisdiction without prejudice to the appellant American Cyanamid Company pursuing its claim in a state court. We will affirm.

The facts on which Cyanamid relies and which we...

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