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NAT'L FITNESS HOLDINGS v. GRAND VIEW CORP. CENTRE

No. 12-4215.

749 F.3d 1202 (2014)

NATIONAL FITNESS HOLDINGS, INC., a Wyoming corporation, Plaintiff-Appellant, v. GRAND VIEW CORPORATE CENTRE, LLC, a Utah limited-liability company; Bailey N. Hall, an individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 24, 2014.

Attorney(s) appearing for the Case

David K. Isom of Isom Law Firm PLLC, Salt Lake City, UT, for Plaintiff-Appellant.

David L. Arrington of Durham Jones & Pinegar, Salt Lake City, UT, and Jason M. Yancey of Helgesen, Waterfall & Jones, P.C., Clearfield, UT, ( Richard M. Hymas of Durham Jones & Pinegar, Salt Lake City, UT, with him on the brief), for Defendants-Appellees.

Before KELLY, HOLLOWAY, and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

In June 2012, the United States District Court for the District of Utah dismissed the claims of J. Hoyt Stephenson — a man the district found to be a Utah citizen — for lack of diversity jurisdiction. Less than three months later, Stephenson assigned his interests in various stock and real property to a new company of his creation, National Fitness Holdings, Inc. — a Wyoming corporation of which Stephenson is the sole...

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