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United States Fourth Circuit


Central W. Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, 10-1486

In a dispute over the scope of federal diversity jurisdiction as applied to corporations and involving an action for breach of contract, dismissal by district court on the ground that adverse parties were not diverse, is reversed where seven of eight officers of defendant substantially operated from a single forum making the forum the principal place of business of defendant such that dismissal was erroneous under the U.S. Supreme Court decision in Hertz Corp. v. Friend, 130 S. Ct. 1181, 1186 (2010).

Appellate Information

  • Decided 04/13/2011
  • Published 04/13/2011

Judges

  • WYNN

Court

  • United States Fourth Circuit

Counsel

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