No. 94-56651 Argued and Submitted May 8, 1996 — Pasadena, California Filed September 11, 1996 Appeal from the United States District Court for the Central District of California. Audrey B. Collins, District Judge, Presiding. D.C. No. CV-94-01189-ABC. Before: Cynthia Holcomb Hall, Diarmuid F. O'Scannlain, and Andrew J. Kleinfeld, Circuit Judges. OPINION O'SCANNLAIN, Circuit Judge: We must decide the proper test to apply to establish subject matter jurisdiction over a removed diversity case in which