PINEVILLE REAL ESTATE OPERATION CORP. v. MICHAEL

No. 93-1625.

32 F.3d 88 (1994)

PINEVILLE REAL ESTATE OPERATION CORPORATION, a North Carolina Corporation; Carmen Viana, Trustee of the Retirement Plan of the U.S.W. Local 6141 Employees of EC Manufacturing Division of Wittek Industries, Incorporated, Plaintiffs-Appellants, v. Mark A. MICHAEL; Eric Meierhoefer; Glenn Breitwieser; Ronald J. Biggers; James E. Brandon; Linda M. Cornwell; James A. Dunn; Kenneth W. Elliott; Betty L. Griffin; Robert L. Jackson; Terry K. Jewell; Kenneth Jordan; Charles E. Lackey; Raymond W. Lamberth; John Edward Miller, Jr.; Robert A. Munse; Deborah W. Stanton; John H. Starnes; Gary Sweeney; Joanne M. Veillette; Jerry E. Wingate; C.W. Kidd, Sheriff of Mecklenburg County; Execution Sale Purchasers (Does 1 to 10), Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1994.


Attorney(s) appearing for the Case

ARGUED: George Clive Hook, II, George C. Hook, P.C., Chicago, IL, for appellants. Eric Robert Meierhoefer, Charlotte, NC, for appellee.

Before ERVIN, Chief Judge, and NIEMEYER and WILLIAMS, Circuit Judges.


OPINION

PER CURIAM:

Federal Rule of Civil Procedure 12(h)(3) provides that "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action."1 Pineville Real Estate Operation Corporation and Carmen Viana2 assert no federal cause of action, and the only basis for federal jurisdiction offered by Pineville in...

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