Cite as: 519 U. S. 61 (1996)
Opinion of the Court
ceeded to a six-day jury trial in November 1993, ending in a unanimous verdict for Caterpillar. The District Court entered judgment for Caterpillar on November 23, 1993, and denied Lewis' motion for a new trial on February 1, 1994.
On appeal, the Court of Appeals for the Sixth Circuit accepted Lewis' argument that, at the time of removal, Whayne Supply remained a defendant in the case due to Liberty Mutual's subrogation claim against it. App. to Pet. for Cert. 8a. Because the party lineup, on removal, included Kentucky plaintiff Lewis and Kentucky defendant Whayne Supply, the Court of Appeals observed that diversity was not complete when Caterpillar took the case from state court to federal court. Id., at 8a-9a. Consequently, the Court of Appeals concluded, the District Court "erred in denying [Lewis'] motion to remand this case to the state court for lack of subject matter jurisdiction." Id., at 9a. That error, according to the Court of Appeals, made it necessary to vacate the District Court's judgment. Ibid.2
Caterpillar petitioned for this Court's review. Caterpillar stressed that the nondiverse defendant, Whayne Supply, had been dismissed from the lawsuit prior to trial. It was therefore improper, Caterpillar urged, for the Court of Appeals to vacate the District Court's judgment—entered after several years of litigation and a six-day trial—on account of a jurisdictional defect cured, all agreed, by the time of trial and judgment. Pet. for Cert. 8. We granted certiorari, 517 U. S. 1133 (1996), and now reverse.
II
The Constitution provides, in Article III, § 2, that "[t]he judicial Power [of the United States] shall extend . . . to Conant] are simply not adverse, and there need be no basis of jurisdiction
between them."
2 Because the Court of Appeals held the District Court lacked jurisdiction over the case, it did not reach several other issues Lewis raised on appeal. See App. to Pet. for Cert. 2a, 9a, n. 3.
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