United States Tenth Circuit

Dismissal of a dispute over a business venture brought by United Kingdom citizens against defendants, for lack of subject matter jurisdiction and for failure to join a necessary party, is reversed where: 1) the district court erred in finding diversity jurisdiction wanting because of events that might occur after the complaint was filed, as opposed to using the status of affairs at the commencement of the suit; and 2) a necessary party could have been joined as a plaintiff in either a derivative or direct suit, thereby preserving diversity.

Appellate Information

• Decided 12/20/2006
• Published 12/21/2006

Judges

• HOLLOWAY, Circuit Judge., Before BRISCOE, HOLLOWAY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Benjamin D. Pergament (Keith P. Ray, Lathrop & Gage, LC, and Marc D. Flink, with him on the briefs), Baker & Hostetler LLP, Denver, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Joseph A. Davies, Joseph A. Davies, P.C., Greenwood Village, CO, for Defendants-Appellees.