Tommy Gene Sessions, Administrator of the Estate of Kenneth E. Sessions v. Chrysler Corporation, a Delaware Corporation

OPINION

Before WRIGHT and SNEED, Circuit Judges, and POWELL, * District Judge. EUGENE A. WRIGHT, Circuit Judge:

Appellant sued Chrysler in state court in California, alleging breach of contract. Six individual defendants were joined. Chrysler successfully petitioned for removal. After a year had passed, the district court, upon Chrysler’s motion, dismissed for failure to prosecute.

We see the major issue to be whether the district court had jurisdiction. Appellant asserts that there was no diversity because the individual defendants were, by all appearances, citizens of California as was he.…