University of South Florida Board of Trustees v. Comentis, Inc.
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
ROGERS, Circuit Judge:
The board of trustees of the University of South Florida sued CoMentis, Inc., in federal court, asserting jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332(a). The district court dismissed the complaint on the merits, and the university appeals. However, because the plaintiff state university is an arm of the state, it is not a “citizen” of the state for diversity jurisdiction purposes. As the plaintiff now concedes on appeal, the district court should therefore have -dismissed the suit for lack of jurisdiction. This conclusion is required by the same…
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