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Alpine View Company Limited Bjorn Hansen v. Atlas Copco A.B. Atlas Copco Robbins Atlas Copco Compressors Incorporated and Atlas Copco Comptec Incorporated

Citations: 180 F.3d 628; 1998 U.S. App. LEXIS 38624Docket: 97-20879

Court: Court of Appeals for the Fifth Circuit; August 20, 1998; Federal Appellate Court

Narrative Opinion Summary

In the appellate case of Alpine View Company Limited and Bjorn Hansen v. Atlas Copco A.B. et al., the Fifth Circuit Court of Appeals examined an appeal arising from the United States District Court for the Southern District of Texas. The appellants challenged several orders issued by the district court. The Fifth Circuit referenced its en banc decision in Marathon Oil Co. v. A.G. Ruhrgas, finding it determinative of the procedural issues at hand. Consequently, the appeals court vacated the district court's orders that adopted the magistrate judge's recommendations. These included dismissing claims against Atlas Copco AB and Atlas Copco Robbins for lack of personal jurisdiction, and dismissing claims against Atlas Copco Comptec, Inc. and Atlas Copco Compressors, Inc. on the grounds of forum non conveniens. The Fifth Circuit remanded the case for the district court to assess whether it has subject matter jurisdiction over the action, which had been initially removed from state court. This decision mandates further proceedings to resolve jurisdictional and procedural matters before addressing the substantive claims.

Legal Issues Addressed

Forum Non Conveniens

Application: The appeals court vacated the recommendation to dismiss based on forum non conveniens, indicating that this issue should be reconsidered by the lower court.

Reasoning: The magistrate judge's Memorandum and Recommendation from August 1, 1996, recommending granting motions to dismiss based on forum non conveniens for defendants Atlas Copco Comptec, Inc. and Atlas Copco Compressors, Inc.

Lack of Personal Jurisdiction

Application: The appeals court vacated the lower court's decision that granted motions to dismiss for lack of personal jurisdiction, requiring further examination.

Reasoning: The magistrate judge's Memorandum and Recommendation from July 31, 1996, which recommended granting motions to dismiss for lack of personal jurisdiction for defendants Atlas Copco AB and Atlas Copco Robbins.

Remand for Subject Matter Jurisdiction

Application: The case was remanded to the district court for a determination of whether it possesses subject matter jurisdiction over the case.

Reasoning: The Court further ordered the case to be remanded to the district court to determine whether it has subject matter jurisdiction over the action, which had been removed from state court.