Lewis appealed, and the Sixth Circuit vacated the judgment. It believed that diversity did not exist because, at the time of removal, a resident of Kentucky (Lewis) was a plaintiff and another resident of Kentucky (Whayne Supply) was still a defendant, although there was no claim between these two.
Lewis lodged an appeal, and the Sixth Circuit quashed the verdict. It determined that diversity did not exist because, at the time of removal, Lewis, a resident of Kentucky, was filing a lawsuit, while Whayne Supply, also from Kentucky, remained as a defendant, despite lacking a dispute between them.