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ALTIMORE v. MOUNT MERCY COLLEGE

No. 04-3253.

420 F.3d 763 (2005)

Michael ALTIMORE, Appellant, v. MOUNT MERCY COLLEGE, Cedar Rapids, Iowa, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2005.

Attorney(s) appearing for the Case

Amy L. Reasner, argued, Cedar Rapids, IA (Wilford H. Stone, on the brief), for appellant.

Kelly R. Baier, argued, Cedar Rapids, IA (Laura C. Mueller, on the brief), for appellee.

Before RILEY, BOWMAN, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

Dr. Michael Altimore (Dr. Altimore) sued his former employer, Mount Mercy College (Mount Mercy), in Iowa state court, alleging breach of contract. Mount Mercy counterclaimed for breach of contract, and removed the case to federal court. Dr. Altimore moved to remand the case to state court, arguing the federal court lacked subject matter jurisdiction because diversity of citizenship did not exist. The...

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