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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
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No. 14-3397
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CBS CORPORATION,
Appellant
v.
SCHINDLER ELEVATOR CORPORATION
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United States District Court for the
Western District of Pennsylvania
(2-12-cv-01027)
District Judge: Honorable David S. Cercone
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Present: FISHER, HARDIMAN, ROTH, Circuit Judges.
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ORDER
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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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