This is a breach of contract action. This contract provides for periodic payments by BFI as a result of its operation of a solid waste landfill in Berks County, Pennsylvania. Plaintiffs have sought an accounting and damages for the underpaid royalties. Subject matter jurisdiction is predicated on 28 U.S.C. 1332. One part of the test has been clearly met.
Diversity of citizenship exists.
Each of the individual plaintiffs is a citizen of Pennsylvania. Defendant BFI is a Maryland corporation with its principal place of business in Texas. See Shahmoon Indus. The parties immediately briefed the issue. The trial concluded several days ago.