CAPITOL INDEMNITY v. RUSSELLVILLE STEEL

No. 03-2246.

367 F.3d 831 (2004)

CAPITOL INDEMNITY CORPORATION, Plaintiff — Appellant, v. RUSSELLVILLE STEEL COMPANY, INC., Freeman Industries, Inc., H. William Mitchener, Janet L. Mitchener, Boyd G. Freeman, Wanda Freeman, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 21, 2004.

Rehearing and Rehearing Denied May 24, 2004.


Attorney(s) appearing for the Case

David A. Grace, argued, Little Rock, AR, for appellant.

Patricia D. Henry, argued, Russellville, AR (John W. Rife, Roswell, GA, William D." Bill" Strait, Danville, AR, and Michael Hamby, Greenwood, AR on the brief), for appellee.

Before MELLOY, RICHARD S. ARNOLD, and COLLOTON, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 24, 2004.

MELLOY, Circuit Judge.

Plaintiff-Appellant Capitol Indemnity Corp ("Capitol") appeals the district court's dismissal of this contract action for Capitol's failure to demonstrate diversity of citizenship. We reverse.

I.

Capitol sued Defendants-Appellees Russellville Steel Company, et al. (collectively "Russellville"), to collect over $75,000 pursuant to a general indemnity agreement.

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