Wednesday, June 30, 2004

No diversity of citizenship where defendant partnership included Virginia partner

In Roche v. Lincoln Property Co., the Fourth Circuit in an opinion by Judge Gregory, joined by Judge Widener and Senior Judge Beam (sitting by designation), held that the district court lacked subject matter jurisdiction because one of the defendants was a partnership with a Virginia partner.

So, the summary judgment entered on the merits for the defendants was vacated, and the district court's ruling on the jurisdiction issue were reversed.

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