DIAZ-RODRIGUEZ v. PEP BOYS CORP.

No. 04-1688.

410 F.3d 56 (2005)

Tomas DÍAZ-RODRÍGUEZ; Energy Tech Corp., Plaintiffs, Appellants, v. PEP BOYS CORP.; Manny Moe & Jack Corp., Puerto Rico, Inc. d/b/a/ Pep Boys, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 3, 2005.


Attorney(s) appearing for the Case

Nelson Robles Diaz for appellants.

Francisco A. Besosa, with whom Lourdes I. Morera-Ladón, Adsuar Muñiz Goyco & Besosa, P.S.C., Michael E. Baughman, and Dechert, LLP, were on brief, for appellees.

Before SELYA and LIPEZ, Circuit Judges, and DiCLERICO, JR., District Judge.


LIPEZ, Circuit Judge.

This appeal began as a challenge to the merits of a grant of summary judgment in the underlying breach of contract case. At oral argument, we shifted the focus of the appeal by inquiring sua sponte into the possibility that the parties were not completely diverse and that the district court therefore lacked subject matter jurisdiction in this case. We ordered supplemental briefing regarding the citizenship of appellee Manny, Moe &...

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