the case as it was decided in the trial court was never a fraudulent joined a case it was always a case with the   decision and we even though you feel strongly i gather that there were there were errors in that position where we're bound by it and there's nothing looking we can do about it you can argue to us if you error when i'm trying to accomplish is to demonstrate the era of the early account because as i said even the trial court judge never found the right it to be a makes it just makes no sense what the supreme court said in the caterpillar vs lewis case which was cited by the early now of and i'm reading now from page seventy four us it was four years in this case it's a five and a half years or so having done everything that was necessary to obtain the reason and the district court having incorrectly cited the case but not on force on trying to ground the grounds that he did not apply the century year old voluntary involuntary rule imposed by the supreme court reversed by the state court that the matter had to be remanded and the that rule so the trial court vera wasn't in applying or misapplying the not applying the voluntary involuntary rule this court when they reviewed the first found they apparently missed the fact that the planes had argued that the defendants had there was no grounds for jurisdiction in the federal court they missed all the procedural all the statutory requirements for removal they violated the and under the supreme court's instructions if there's any question as to whether or not this from ons well then it has to be held against the removing part and therefore the bill goods that there was a ruling based on force on going to when in fact it was not and it's only because of that that the players even had to address that issue which really wasn't in issue in this case points which i want to touch on they claim this present appeal is different because they say in their two thousand motion for reconsideration of the  and that was the finding of this court there is no basis to claim that involuntary involvement has anything to do with it they also claim a bait and switch well if in the docket number five u s district court the motion for a rematch and back in two thousand and ten that the federal courts did not have jurisdiction we argued and the issue about the bait and switch was or is that they had stated one  their operative motion notice of all the council you you have now that the south earth appeal was resolved and you were permitted to continue with your claims against caterpillar caterpillar inc is just been pointed out that in making claims of bad faith commercial reason when those there are no there's no evidence submitted in the form of affidavits to support those claims and those are allegations which are entitle to make but if you make the allegations you have to make some attempt to support them in some evident true way and appears that you have not the lot of all that so he lends itself to the suspicion three point four million dollars and feel that they made or thought they had a wise we will turn over one million dollars worth of equipment and we will sign this new for two point four million dollars no then for the next ten months or so i of payment on the two point four million dollars note then they were a prize of the fact that they didn't get the one million dollar credit that they had expected and the fact it was handed a bill for a few i think it was three to four hundred thousand dollars this was efficiency when they sold them million dollars worth of equipment so that's what was the case you find all so and the affidavits that were provided indicated just