United States Fourth Circuit

In product liability actions seeking damages from defendant's sale of defective trusses and sheathing, an order vacating summary judgment rulings for defendant and dismissing the action pursuant to plaintiff's Rule 60(b) motion is affirmed where: 1) plaintiffs were not "citizens" for diversity purposes; and 2) therefore the district court never had subject matter jurisdiction over the matter.

Appellate Information

• Decided 07/30/2008
• Published 07/30/2008

Judges

• Before NIEMEYER and DUNCAN, Circuit Judges, and CLAUDE M. HILTON, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard K. Wray, Reed Smith, LLP, Chicago, Illinois, for Appellant.  Andrew Frederick Lindemann, Davidson, Morrison & Lindemann, PA, Columbia, South Carolina, for Appellees.   ON BRIEF:  Casey L. Westover, Reed Smith, LLP, Chicago, Illinois;  William Toal, George C. Johnson, Johnson, Toal & Battiste, PA, Columbia, South Carolina, for Appellant.