United States Second Circuit

In a commercial contract dispute, dismissal of plaintiff's complaint for lack of subject matter jurisdiction is reversed and remanded where: 1) contrary to the district court's ruling, one of the defendants was not an indispensable party; and 2) thus, that defendant could be dropped as a party so as to preserve diversity jurisdiction.

Appellate Information

• Decided 01/06/2009
• Published 01/06/2009

Judges

• PER CURIAM:, Before:  McLAUGHLIN, B.D. PARKER, Circuit Judges, and KOELTL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert K. Kry, Baker Botts LLP, Washington, D.C. (Michael S. Goldberg, Jeffrey A. Lamken, Alexandra M. Walsh, Baker Botts LLP, Washington, D.C.;  Elizabeth Acee, Tyler Cooper, New Haven, CT, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• Thomas J. Donlon, Robinson & Cole, LLP, Stamford, CT, for Defendants-Appellees.