Atlas Global Group v. Grupo Dataflux, et al

United States Court of Appeals
Fifth Circuit
F I L E D
June 28, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20245
ATLAS GLOBAL GROUP, L.P.,
Plaintiff-Counter Defendant-Appellant,
and
OSCAR ROBLES-CANON, officer with Atlas Global Group;
FRANCISCO LLAMOSA, officer with Atlas Global Group,
Counter Defendants-
Appellants,
versus
GRUPO DATAFLUX,
Defendant-Counter Claimant-Appellee.
Appeal from the United States District Court
for the Southern District of Texas
ON REMAND FROM THE UNITED STATES SUPREME COURT
(Opinion November 22, 2002, 5th Cir. 2002, 312 F.3d 168)
Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.
PER CURIAM:
On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit, the United
States Supreme Court by an Opinion entered May 17, 2004, in 124 S.Ct. 1920, 2004 WL 1085232,
2004 Daily Journal D.A.R. 5878, held that a party’s po stfiling change in citizenship resulting in
complete diversity cannot cure a lack of subject-matter jurisdiction that existed at the time of filing
in a diversity action, and therefore reversed the judgment of this Court which had reversed the action
of the district court. Accordingly, we vacate the prior decision of this Court (312 F.3d 168) and

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remand this case to the district court for entry of an order dismissing this case for lack of subject-
matter jurisdiction.

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