Rbs Inc. v. Petro

Order Before: LIVELY and MARTIN, Circuit Judges; PHILLIPS, Senior Circuit Judge. This appeal challenges the dismissal of a complaint for lack of diversity jurisdiction. The appellants originally filed suit in the name of RBS, Inc., an Ohio corporation, and Roda Enterprises, Inc., a Kentucky corporation. Named as defendants in the dispute over the sale of coal were George Petro, an alleged Georgia resident; South Atlantic Energy Corp., a Georgia corporation which have not filed answers; and General Motors Corporation, a Michigan corporation. General Motors, the ultimate recipient of the coal, acknowledges in its answer that it received the coal, paid South Atlantic Energy Corp. the amount billed, and retains $9,595.30 due on delivered but unbilled invoices.