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NEW WELLINGTON v. FLAGSHIP RESORT DEVELOPMENT

No. 04-2216.

416 F.3d 290 (2005)

NEW WELLINGTON FINANCIAL CORPORATION, Plaintiff-Appellant, v. FLAGSHIP RESORT DEVELOPMENT CORPORATION; First Flagship Financial Services Corporation, Defendants-Appellees, and Atlantic Palace Development, L.L.C., Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Thomas E. Albro, Tremblay & Smith, Charlottesville, Virginia, for Appellant. Dennis Alan Richard, Richard & Richard, P.A., Miami, Florida, for Appellees.

ON BRIEF: Joseph D. Pope, Nicole Tuman, Cohen Pope, P.L.L.C., New York, New York; M.E. Gibson, Jr., Patricia D. McGraw, Tremblay & Smith, L.L.P., Charlottesville, Virginia, for Appellant. Patrick C. Asplin, Keeler Obenshain, P.C., Harrisonburg, Virginia, for Appellees.

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Senior Judge HAMILTON joined. Judge MOTZ concurred in the judgment.

GREGORY, Circuit Judge.

This appeal requires us to determine whether personal jurisdiction exists over an out-of-state defendant and, if so, whether the district court could decline to exercise jurisdiction. Because the district court was entitled to exercise its discretion to...

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