092433P.pdf   05/14/2010  Northport Health Services  v.  Wayne Rutherford
   U.S. Court of Appeals Case No:  09-2433
                          and No:  09-2435
   U.S. District Court for the Western District of Arkansas - Fayetteville   
   [PUBLISHED] [Loken, Author, with John R. Gibson and Wollman,
   Circuit Judges]
   Civil case - Arbitration. The Supreme Court's decision in Vaden v.
   Discover Bank, 129 S.Ct. 1262 (2009) did not overrule the otherwise on-
   point decisions in Moses H. Cone Hospital v. Mercury Construction
   Corp. 460 U.S. 1 (1083) and Advance America Servicing of Arkansas v.
   McGinnis, 526 F.3d 1170 (8th Cir. 2008), and the district court erred in
   dismissing the cases for lack of subject matter jurisdiction; under the
   cited cases the diversity of citizenship is determined by the citizenship of
   the parties named in the proceedings in the district, plus any Rule 19
   indispensable parties; cases remanded to the district court with directions
   to re-enter orders compelling arbitration.