Publicker Industries, Inc. And Continental Distilling Corporation v. Roman Ceramics Corporation, Publicker Industries, Inc.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This contract action presents the question whether the seller, Roman Ceramics Corporation, must seek breach-of-contract relief from Continental Distilling Corporation, with whom Roman shares a common state of incorporation, or whether, on the contrary, Roman is entitled to full relief from Publicker Industries, Inc., a party whose citizenship is diverse from Roman’s. If the former route is necessary, the case must be dismissed for lack of subject matter jurisdiction. If, on the other hand, the latter course is permissible, then the case is properly…