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TEMPLETON BD., OF SEWER v. AMERICAN TISSUE MILLS

No. 03-1134.

352 F.3d 33 (2003)

TEMPLETON BOARD OF SEWER COMMISSIONERS, Plaintiff, Appellant, v. AMERICAN TISSUE MILLS OF MASSACHUSETTS, INC., Northeast Waste Treatment Services, Inc., Erving Industries, Inc., Baldwinville Products, Inc., American Tissue Corporation, Nourollah Elghanayan and Mehdi Gabayzadeh, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 9, 2003.

Attorney(s) appearing for the Case

Stephen M. Leonard, with whom Brown Rudnick Berlack Israels LLP, was on brief, for appellant.

T. Christopher Donnelly, with whom Michael S. D'Orsi and Donnelly, Conroy & Gelhaar, LLP, were on brief, for appellees.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

TORRUELLA, Circuit Judge.

Plaintiff-Appellant Templeton Board of Sewer Commissioners ("Templeton") appeals the district court's dismissal of its third amended complaint ("complaint") pursuant to Fed.R.Civ.P. 12(b)(1), 12(c) and 12(h)(3). The district court concluded it did not have subject matter jurisdiction over Count I of the complaint under 28 U.S.C. § 1331,1 and therefore lacked supplemental jurisdiction over the remaining state...

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