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GORFINKLE v. U.S. AIRWAYS, INC.

No. 04-1837.

431 F.3d 19 (2005)

Clifford GORFINKLE, Plaintiff, Appellant, and Deborah A. Garston; PPA Alexandra Rebecca Jean Garston, Plaintiffs, v. U.S. AIRWAYS, Inc.; F.F. Santarpio, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 7, 2005.

Attorney(s) appearing for the Case

Frank J. Riccio, for appellant.

Richard P. Campbell with whom Kathleen M. Guilfoyle and Campbell Campbell Edwards & Conroy, PC., were on brief, for appellee U.S. Airways, Inc.

William J. Flanagan with whom Morrison Mahoney LLP were on brief, for appellee F.F. Santarpio.

Before LIPEZ and HOWARD, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge.

Clifford Gorfinkle ("Gorfinkle") brought a negligence claim against U.S. Airways, Inc. ("U.S.Airways") in Massachusetts state court. U.S. Airways then removed the case to federal court based upon diversity of citizenship, and brought a third-party claim against F.F. Santarpio ("Santarpio"). Gorfinkle subsequently filed a Second Amended Complaint adding Santarpio, a nondiverse party, as a direct defendant, and thus destroyed diversity. The case proceeded...

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