[DOWNLOAD] "Curley v. Brignoli" by United States Court of Appeals for the Second Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Curley v. Brignoli
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 20, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
MAHONEY, Circuit Judge, This appeal is taken from a judgment of the United States District Court for the Southern District of New York, Milton Pollack, Judge, ordering dissolution of a limited partnership, the removal of its general partner, and awarding damages occasioned by the misappropriation of an asset of the partnership. During the pendency of this appeal, the Supreme Court determined, in Carden v. Arkoma Associates, 494 U.S. 185, 110 S. Ct. 1015, 108 L. Ed. 2d 157 (1990), that in a federal action to which a limited partnership is a party, the citizenship of limited partners must be taken into account to determine whether there is diversity of citizenship among the parties. We recharacterize plaintiff's lawsuit as a class, rather than a derivative, action, and dismiss the limited partnership as a party defendant on the authority of Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 109 S. Ct. 2218, 104 L. Ed. 2d 893 (1989), and Fed. R. Civ. P. 21. We then confirm the existence of subject matter jurisdiction, affirm on the merits for the reasons stated in the opinion of the district court, and remand.