(dissenting):
I respectfully dissent. I would affirm the decision of the District Court.
It is necessary to find improper motive in the subject assignments in order to deprive the District Court of diversity jurisdiction. This is a finding of fact which should be made by the trial court. The trial court found that the assignments were motivated for reasons which were not improper and these findings are not clearly erroneous.
In the determination of the other issues raised on this appeal, I would affirm the District Court on the basis of its findings of fact and conclusions of law.