NAVY FED. CREDIT UNION v. LTD FINANCIAL SERVICES

No. 19-1341.

972 F.3d 344 (2020)

NAVY FEDERAL CREDIT UNION, Plaintiff-Appellant, v. LTD FINANCIAL SERVICES, LP; Advantage Assets II, Inc.; Debt Management Partners, LLC; John Does #1-#3; Bayview Solutions LLC, Defendants-Appellees. Credit Union National Association; National Association of Federally-Insured Credit Unions, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 20, 2020.


Attorney(s) appearing for the Case

ARGUED: Michael Julian Gottlieb , WILLKIE, FARR & GALLAGHER LLP, Washington, D.C., for Appellant. Virginia Whitner Hoptman , REDMOND, PEYTON & BRASWELL, Alexandria, Virginia; David E. Gutowski , ZDARSKY SAWICKI & AGOSTINELLI, Buffalo, New York, for Appellees. ON BRIEF: Joshua Riley , Jon R. Knight , BOIES SCHILLER FLEXNER LLP, Washington, D.C., for Appellant. James S. Kurz , REDMOND, PEYTON & BRASWELL, Alexandria, Virginia; J. William Eshelman, III , Bradford G. Hughes , CLARK HILL PLC, Washington, D.C., for Appellees. Michael H. Pryor , Washington, D.C., Christine A. Samsel , Nicholas R. Santucci , BROWNSTEIN HYATT FARBER SCHRECK, LLP, Denver, Colorado, for Amicus Credit Union National Association. William M. Jay , Andrew Kim , GOODWIN PROCTER LLP, Washington, D.C., for Amicus National Association of Federally-Insured Credit Unions.

Reversed by published opinion. Judge Richardson wrote the opinion, in which Judge Wilkinson and Judge Johnston join.


This appeal centers on the meaning of a seemingly simple, three-letter word connecting two clauses: and. For establishing diversity jurisdiction, Congress provides that a corporation "shall be deemed a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state...

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