MacGINNITIE v. HOBBS GROUP, LLC

No. 04-15675.

420 F.3d 1234 (2005)

Douglas J. MacGINNITIE, Plaintiff-Appellant, v. HOBBS GROUP, LLC, Hilb, Rogal and Hobbs Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 12, 2005.


Attorney(s) appearing for the Case

Benjamin A. Stone, Munger & Stone, Atlanta, GA, for MacGinnitie.

Steven D. Brown, Williams, Mullen, Clark & Dobbins, Richmond, VA, for Defendants-Appellees.

Before TJOFLAT and KRAVITCH, Circuit Judges, and MILLS, District Judge.


KRAVITCH, Circuit Judge:

In this case involving restrictive covenants in an employment contract, we decide two questions. In a matter of first impression for our court, we hold that our "total activities" test for a corporation's principal place of business for diversity jurisdiction purposes applies to determine the citizenship of a defendant corporation which once operated in the same state as the plaintiff but has since been purchased by and integrated into an...

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