B. Fernandez & Hnos, Inc. v. Kellogg USA, Inc.
Court of Appeals for the First Circuit
1Opinion of the Court
HOWARD, Circuit Judge.
Before us are an appeal and cross-appeal arising from an action brought by B. Fernández & Hnos., Inc. (“BFH”) and Caribbean Warehouse Logistics (“CWL”) against Kellogg USA, Inc. (“Kellogg USA”) in the United States District Court for the District of Puerto Rico. Jurisdiction was based on diversity of citizenship. The district court dismissed the case, finding that Kellogg Caribbean Services, Inc. (“Kellogg Caribbean”), a non-party entitled to intervene in the matter, was an indispensable party to the action under Federal Rule of Civil Procedure 19 whose joinder would…
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