United States First Circuit

In a shareholder's derivative action, dismissal of the action for lack of federal subject matter jurisdiction is affirmed where complete diversity is destroyed since the corporation must be aligned as a defendant.

Appellate Information

• Decided 01/19/2005
• Published 01/19/2005

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Cornelius J. Moynihan, Jr., with whom Nixon Peabody LLP was on brief, for appellant.


• For Appellees:
  
• Allen V. Farber, with whom Robert D. Hillman, Deutsch Williams, Brooks, DeRensis & Holland, P.C., and Gardner, Carton & Douglas, LLP were on brief, for appellee Edward G. Preble., George A. Berman, with whom Marjunette deMagistris and Peabody & Arnold LLP were on brief, for appellee James L. Ackerman.