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Mel M. Marin v. LDDS of Missouri, 97-2430 (1998)

Court: Court of Appeals for the Eighth Circuit Number: 97-2430 Visitors: 5
Filed: Jan. 12, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-2430 _ Mel M. Marin, * * Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. LDDS of Missouri, Inc., doing * business as LDDS of Alabama, Inc.; * WorldCom, Inc., * * [UNPUBLISHED] Appellees. * _ Submitted: January 5, 1998 Filed: January 12, 1998 _ Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges. _ PER CURIAM. Mel M. Marin appeals from the district court&s1dismissal of his diversi
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                         United States Court of Appeals

                            FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 97-2430
                                    ___________

Mel M. Marin,                        *
                                     *
             Appellant,              *
                                     * Appeal from the United States
      v.                             * District Court for the Eastern
                                     * District of Missouri.
LDDS of Missouri, Inc., doing        *
business as LDDS of Alabama, Inc.;   *
WorldCom, Inc.,                      *
                                     * [UNPUBLISHED]
             Appellees.              *
                                ___________

                          Submitted: January 5, 1998
                              Filed: January 12, 1998
                                  ___________

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.
                          ___________

PER CURIAM.

      Mel M. Marin appeals from the district court&s1dismissal of his diversity action.
In August 1996, Marin filed suit against LDDS of Missouri, Inc. d/b/a LDDS of
Alabama, Inc., and WorldCom, Inc. (collectively WorldCom), claiming breach of
contract, fraud, and invasion of privacy. The district court, on WorldCom&s Federal



      1
        The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
Rule of Civil Procedure 12(b)(1) motion, dismissed Marin&s complaint without
prejudice for failure to establish subject matter jurisdiction.

        Upon de novo review, see Keene Corp. v. Cass, 
908 F.2d 293
, 296 (8th Cir.
1990), we agree with the district court that Marin failed to establish subject matter
jurisdiction, see Bilal v. Kaplan, 
904 F.2d 14
, 15 (8th Cir. 1990) (per curiam) (federal
question jurisdiction must appear clearly and distinctly; “mere suggestion of a federal
question is not sufficient to establish the jurisdiction of federal courts”); Sanders v.
Clemco Indus., 
823 F.2d 214
, 216 (8th Cir. 1987) (complaint must state with specificity
corporate party&s state of incorporation and principal place of business; where plaintiff
fails to state place of incorporation or principal place of business of corporate party,
pleadings are inadequate to establish diversity). We have also considered and reject
Marin&s remaining arguments on appeal as without merit.

      Accordingly, the judgment of the district court is affirmed.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




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Source:  CourtListener

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