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ATLAS GLOBAL GROUP, L.P. v. GRUPO DATAFLUX

No. 01-20245.

312 F.3d 168 (2002)

ATLAS GLOBAL GROUP, L.P., Plaintiff-Counter Defendant-Appellant, and Oscar Robles-Canon, officer with Atlas Global Group, Francisco Llamosa, officer with Atlas Global Group, Counter Defendants-Appellants, v. GRUPO DATAFLUX, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 22, 2002.

Attorney(s) appearing for the Case

Roger B. Greenberg (argued), Schwartz, Junell, Campbell & Oathout, David E. Sharp, Beirne, Maynard & Parsons, Houston, TX, for Appellants.

William Joseph Boyce (argued), Mark Allen Robertson, Julie H. Tellepsen, Fulbright & Jaworski, Houston, TX, for Grupo Dataflux.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Atlas Global Group, L.P. ("Atlas") appeals from the district court's grant of Grupo Dataflux's ("Dataflux") motion to dismiss for lack of subject matter jurisdiction. For the reasons stated herein, we REVERSE and REMAND for the entry of judgment in favor of Atlas.

FACTUAL AND PROCEDURAL HISTORY

Atlas is a limited partnership created under Texas law. Dataflux is a Mexican corporation. On November 18, 1997, Atlas

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