United States First Circuit

District court acted prematurely in deciding to disregard an assignment of rights from the corporation to its sole shareholder; on remand, plaintiff-shareholder must be given a chance to rebut the presumption that the assignment was an attempt to manufacture diversity jurisdiction and thus invalid per 28 U.S.C. section 1359.

Appellate Information

• Decided 04/05/2004
• Published 04/05/2004

Judges

• SELYA, Circuit Judge., Before TORRUELLA, SELYA, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kenneth McCulloch, with whom Ballard, Rosenberg, Golper & Savitt, Fernando L. Gallardo, and Woods & Woods LLP, were on brief, for appellants.


• For Appellees:
  
• Robert Millan, for appellees.