CBS Corp. v. Schindler Elevator Corp.
This text of 604 F. App'x 209 (CBS Corp. v. Schindler Elevator Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
D. MICHAEL FISHER, Circuit Judge.
The parties agree that the District Court did not have subject matter jurisdiction over this state-law breach , of contract action because diversity of citizenship never existed. Therefore, the District Court lacked the constitutional authority to “proceed at all in [this] cause.” . Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514, 19 L.Ed. 264 (1868). On consideration whereof, it is now hereby
ORDERED and ADJUDGED by this Court that the judgment of the District Court entered June 26, 2014, be and the same is hereby VACATED and this case is REMANDED with instructions that the case be dismissed without prejudice.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
604 F. App'x 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cbs-corp-v-schindler-elevator-corp-ca3-2015.