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CENTRAL WEST VIRGINIA ENERGY v. MOUNTAIN STATE

No. 10-1486.

636 F.3d 101 (2011)

CENTRAL WEST VIRGINIA ENERGY COMPANY, INCORPORATED, a West Virginia corporation; A.T. Massey Coal Company, Incorporated, a Virginia corporation, Plaintiffs-Appellants, v. MOUNTAIN STATE CARBON, LLC, a Delaware Limited Liability Company; SNA Carbon, LLC; Severstal Wheeling, Incorporated, a Delaware corporation; Severstal North America, Incorporated, a Delaware corporation; OAO Severstal, a Russian Joint Stock Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 13, 2011.

Attorney(s) appearing for the Case

ARGUED: Robert M. Stonestreet , Dinsmore & Shohl, LLP, Charleston, West Virginia, for Appellants. Gregory J. Krock , Buchanan, Ingersoll & Rooney, PC, Pittsburgh, Pennsylvania, for Appellees. ON BRIEF: W. Henry Jernigan, Jr. , David E. Rich , Dinsmore & Shohl, LLP, Charleston, West Virginia, for Appellants. David B. Fawcett , Buchanan, Ingersoll & Rooney, PC, Pittsburgh, Pennsylvania, for Appellees.

Reversed by published opinion. Judge WYNN wrote the opinion, in which Judge DUNCAN and Judge DAVIS concurred.

OPINION

WYNN, Circuit Judge:

For federal diversity jurisdiction purposes, a corporation is a citizen of the states in which it has been incorporated and in which it has its principal place of business. In Hertz Corp. v. Friend, ___ U.S. ___, 130 S.Ct. 1181, 1186, 175 L.Ed.2d 1029 (2010), the Supreme Court clarified that the phrase "`principal place of business' refers to the place where the corporation's high level...

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