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B. FERNANDEZ & HNOS, INC. v. KELLOGG USA, INC.

Nos. 07-1317, 07-1318.

516 F.3d 18 (2008)

B. FERNÁNDEZ & HNOS, INC.; Caribbean Warehouse Logistics, Inc., Plaintiffs-Appellants/Cross-Appellants, v. KELLOGG USA, INC.; Kellogg Caribbean Services Company, Inc., Defendants-Appellees/Cross-Appellants. ABC Insurance; XYZ Surety Company; Preferred Insurance; John Doe; Richard Roe, Defendants.

United States Court of Appeals, First Circuit.

Decided February 14, 2008.

Attorney(s) appearing for the Case

Gael Mahony, with whom Holland & Knight LLP, Alfredo Fernández Martinez and Delgado & Fernández, LLP were on brief, for appellants.

Ricardo F. Casellas, with whom Casellas Alcover & Burgos, P.S.C. was on brief, for appellees.

Before TORRUELLA and HOWARD, Circuit Judges, and SMITH, District Judge.

HOWARD, Circuit Judge.

Before us are an appeal and cross-appeal arising from an action brought by B. Fernández & Hnos., ("BFH") and Caribbean Warehouse Logistics ("CWL") against Kellogg USA, Inc. ("Kellogg USA") in the United States District Court for the District of Puerto Rico. Jurisdiction was based on diversity of citizenship. The district court dismissed the case, finding that Kellogg Caribbean Services, Inc. ("Kellogg Caribbean"), a non-party entitled...

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