CELLA v. TOGUM CONSTRUCTEUR ENSEMLEIER

No. 98-1393.

173 F.3d 909 (1999)

Patricia CELLA; Edward Cella, v. TOGUM CONSTRUCTEUR ENSEMLEIER EN INDUSTRIE ALIMENTAIRE; Paul Bosch Corporation and Bosch Packaging Machinery Division; Miltenberg & Samtom; Weiner USA Patricia Cella; Edward Cella, v. Amco Customs Brokerage Company; Ronald E. Kehle; Elizabeth Lancaster; Edward J. Strycharz Robert Bosch Corp., Appellant

United States Court of Appeals, Third Circuit.

Filed April 1, 1999.


Attorney(s) appearing for the Case

Robert S. Forster, Jr. (Argued), Lisa M. Mack, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, Attorneys for Robert Bosch Corporation.

Thomas More Holland (Argued), Philadelphia, PA, Attorney for Patricia and Edward Cella.

W. Matthew Reber Kelley, Jasons, McGuire & Spinelli, Philadelphia, PA, Attorneys for Miltenberg & Samtom, Ronald E. Kehle, Elizabeth Lancaster, and Edward J. Strycharz.

BEFORE: STAPLETON, and NYGAARD, Circuit Judges, and GOLDBERG, Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal stems from the consolidation of two actions filed in federal district court by the same plaintiffs—one in which diversity jurisdiction existed and one in which federal subject matter jurisdiction was lacking—and the subsequent dismissal of both actions for lack of subject matter jurisdiction. As an initial matter, we must determine whether a defendant in the diversity action has standing...

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