ZAMBELLI FIREWORKS MFG. CO., INC. v. WOOD

No. 09-1526.

592 F.3d 412 (2010)

ZAMBELLI FIREWORKS MANUFACTURING CO., INC. d/b/a Zambelli Fireworks Internationale v. Matthew WOOD; Pyrotecnico F/X LLC, Appellants.

United States Court of Appeals, Third Circuit.

Filed: January 15, 2010.


Attorney(s) appearing for the Case

Mary C. McGinley, David G. Oberdick, Meyer, Unkovic & Scott, Patrick Sorek (Argued), Leech, Tishman, Fuscaldo & Lampl, Pittsburgh, PA, Jane L. Volk, Sewickley, PA, Attorneys for Appellant, Matthew Wood.

Manning J. O'Connor, Patrick Sorek (Argued), Leech, Tishman, Fuscaldo & Lampl, Pittsburgh, PA, Attorneys for Appellant, Pyrotecnico F/X LLC.

Christina I. Kepplinger, Mark A. Willard (Argued), Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, Attorneys for Appellee.

Before: SMITH, FISHER and STAPLETON, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal presents a question of the propriety of a preliminary injunction enforcing, under Pennsylvania law, a restrictive covenant not to compete. However, because the parties concede on appeal that the lack of complete diversity deprives this Court of subject matter jurisdiction, the threshold question before us is how to proceed in light of this jurisdictional defect. At the request of the plaintiff-appellee...

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