David A. Lampe v. Xouth, Inc., Phillippe G. Woog

OPINION OF THE COURT

SEITZ, Circuit Judge.

David A. Lampe (plaintiff) appeals the order of the district court granting the motion of Phillippe G. Woog (defendant) to dismiss his complaint for failure to state a claim. He also appeals that court’s order dismissing his claim against defendant, Xouth, Inc. (Xouth, Inc.). This court has appellate jurisdiction pursuant to 28 U.S.C. § 1291.

Plaintiff, a Pennsylvania citizen, brought this diversity action against defendant, a citizen of Switzerland, with a residence in New York, and Xouth, Inc., a Delaware corporation. Defendant is the sole shareholder…