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by | Jun 24, 2023 | Posted Assignments

central west virginia energy company a virginia corporatin filed a lawsuit in federal district court against mountain state carbon and its member companies one of which several wheeling was located in wheeling west virginia. the plaintiffs alleged that the defendants filed a motion to dismiss for lack of diversity claiming that both servestal and central energy had their principal places of business in west virginia. the district court dismisseed the complaint for lack of diversity citing that severstals self described day to day operations such as purchasing sales transportaion engineering human resouces and accounting financial functions are all handled in wheeling and noting severstals visibility in and involvement with the wheeling community. the plaintiffs appealed arguing that the court misinterpreted hertz and that the district court failed to consider the importance of the fact that Seversta’ls officers control the company”s policies and high level decisIons from the corporate offices in dearborn where seen of the company eight corporate officers maintain their offices the palintiffs also noted that in Seversta’ls corporate fillngs with the states of ohio michigan address as its principal place of business. how do you think the court ruled on the appeal? why?

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