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604 F. App'x 209

CBS Corp. v. Schindler Elevator Corp.

U.S. Courts of Appeals

Decided April 8, 2015

U.S. Courts of Appeals · decided 2015-04-08

Relies on Ex parte McCardle

Decided 2015-04-08

¶1ORDER

D. MICHAEL FISHER, Circuit Judge.

¶2The 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

¶3ORDERED 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.

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