RAVENSWOOD INV. v. AVALON CORRECTIONAL SERVICES

No. 10-6190.

651 F.3d 1219 (2011)

RAVENSWOOD INVESTMENT COMPANY, L.P.; Ravenswood Investments III, L.P., Plaintiffs-Appellants, v. AVALON CORRECTIONAL SERVICES; Tiffany Smith; Donald E. Smith, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 8, 2011.


Attorney(s) appearing for the Case

James Sandnes, Boundas, Skarzynski, Walsh & Black, LLC, New York, NY ( Leif E. Swedlow,   Andrews Davis, Oklahoma City, OK, with him on the briefs), for Plaintiffs-Appellants.

James M. Chaney, Kirk & Chaney, Oklahoma City, OK ( James A. Kirk and Matthew L. Standard, Kirk & Chaney, Oklahoma City, OK; Judy Hamilton Morse,   Susan E. Huntsman and Brandee L. Bruening, Crowe & Dunlevy, Oklahoma City, OK, with him on the brief), for Defendants-Appellees.

Before MURPHY, GORSUCH, and MATHESON, Circuit Judges.


MURPHY, Circuit Judge.

I. Introduction

This case was brought in federal court based on diversity jurisdiction under 28 U.S.C. § 1332. After the district court entered interim orders dismissing many claims, entering summary judgment on another, and resolving various discovery disputes, the parties discovered complete diversity never existed and the court lacked subject matter jurisdiction. Rather than dismiss the case in its entirety for lack of jurisdiction...

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