CBS Corp v. Schindler Elevator, No. 14-3397 (3d Cir. 2015)

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ______ No. 14-3397 ______ CBS CORPORATION, Appellant v. SCHINDLER ELEVATOR CORPORATION ______ United States District Court for the Western District of Pennsylvania (2-12-cv-01027) District Judge: Honorable David S. Cercone ______ Present: FISHER, HARDIMAN, ROTH, Circuit Judges. ______ ORDER ______ The parties agree that the District Court did not have subject matter jurisdiction over this state-law breach of contract action because diversity of citizenship never existed. Therefore, the District Court lacked the constitutional authority to “proceed at all in [this] cause.” Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514 (1868). On consideration whereof, it is now hereby ORDERED and ADJUDGED by this Court that the judgment of the District Court entered June 26, 2014, be and the same is hereby VACATED and this case is REMANDED with instructions that the case be dismissed without prejudice. BY THE COURT s/ D. Michael Fisher Circuit Judge Dated: April 8, 2015 ARL/cc: FWB; SD; BWF; SWZ; RAC; DCS

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