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MARTIN v. FRANKLIN CAPITAL CORPORATION

No. 99-2131.

251 F.3d 1284 (2001)

Juana M. MARTIN; Gerald T. Martin, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, v. FRANKLIN CAPITAL CORPORATION, a Utah corporation; Century-National Insurance Company, a California corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 29, 2001.

Attorney(s) appearing for the Case

Michael P. Malakoff, Malakoff Doyle & Finberg, P.C., Pittsburgh, Pennsylvania (Richard N. Feferman, Albuquerque, New Mexico, with him on the briefs), for Plaintiffs-Appellants.

Jan T. Chilton, Severson & Werson, San Francisco, California (Jay D. Hertz, Sutin, Thayer & Browne, Albuquerque, New Mexico, with her on the brief) for Defendants-Appellees.

Before SEYMOUR and MURPHY, Circuit Judges, and KANE, Senior District Judge.

SEYMOUR, Chief Judge.

Gerald and Juana Martin appeal the district court's order dismissing their complaint with prejudice. We conclude that we have jurisdiction over this appeal, and that the district court lacked subject matter jurisdiction. Accordingly, we reverse and remand with directions to remand this action to state court.

I

The Martins originally brought this proceeding in New Mexico state court, individually and on behalf of all persons...

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