UNIVERSAL TRUCK & EQUIPMENT v. SOUTHWORTH-MILTON

No. 13-2070.

765 F.3d 103 (2014)

UNIVERSAL TRUCK & EQUIPMENT COMPANY, INC.; New London Mining Manufacturing & Processing, LLC; Nicholas E. Cambio, individually and as Trustee of the Nicholas E. Cambio, Roney A. Malafronte and Vincent A. Cambio Trust; Vincent A. Cambio, Plaintiffs-Appellants, v. SOUTHWORTH-MILTON, INC., Defendant-Appellee, Caterpillar, Inc.; Caterpillar Financial Service Corporation; W. Frank Blouni; John R. Brazil; Daniel M. Dickinson; John T. Dillon; Eugene V. Fife; Gail D. Fosler; Juan Gallardo; David R. Goode; Peter A. Magowan; William A. Osborn; James W.L. Owens; Charles D. Powell; Edward B. Bust, Jr.; Susan C. Schwab; Joshua I. Smith; Kent Adams; Jim Duensing; Peter D'Agostino, Defendants.

United States Court of Appeals, First Circuit.

September 2, 2014.


Attorney(s) appearing for the Case

Richard G. Riendeau , for appellant.

J. Richard Ratcliffe , with whom Jeffrey Biolchini and Ratcliffe Harten Burke & Galamaga, LLP were on the brief, for appellee.

Before TORRUELLA, DYK and KAYATTA, Circuit Judges.


DYK, Circuit Judge.

The plaintiffs here filed a breach of contract complaint in state court. After the only non-diverse defendant was dismissed from the case by the state court, the remaining defendants removed the lawsuit to federal court, invoking diversity jurisdiction. At the time of removal, the dismissal of the non-diverse defendant was not final. The district court denied the plaintiffs' motion to remand and later granted summary judgment in favor of defendant...

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