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TOSCO CORP. v. COMMUNITIES FOR BETTER ENVIRONMENT

No. 99-55400.

236 F.3d 495 (2001)

TOSCO CORPORATION, a Nevada corporation, Plaintiff-Appellant, v. COMMUNITIES FOR A BETTER ENVIRONMENT, a California non-profit corporation; Does 1 through 50, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2001.

Attorney(s) appearing for the Case

Gregory N. Pimstone, Los Angeles, California, for the plaintiff-appellant.

Jonathan Weissglass, Fred H. Altshuler, Altshuler, Berzon, Nussbaum, Berzon & Rubin, & San Francisco, California, Demain, for the defendants-appellees.

Before: Dorothy W. NELSON, Melvin BRUNETTI and Alex KOZINSKI, Circuit Judges.

Argued and Submitted December 6, 2000 — Pasadena, California.

PER CURIAM.

Tosco Corporation ("Tosco") claims that the district court has diversity jurisdiction over this action under 28 U.S.C. § 1332 because, under the "nerve center" test, its principal place of business is Connecticut. But we apply the "place of operations" test when a corporation conducts a substantial predominance of its business activities...

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