Court could not exercise jurisdiction under the Class Action Fairness Act where action was filed in state court under procedural rules dissimilar from Rule 23 and where it could not qualify as a continuation of a prior action since that action was voluntarily dismissed.

Kasowitz, Benson, Torres & Friedman LLP, New York City (Michael C. Harwood Of Counsel), For Defendant-Appellant Mcg Capital Corporation.Knox, Mclaughlin, Gornall & Sennett, P.C

The full case caption appears at the end of this opinion. OPINION OF THE COURTGREENBERG, Circuit Judge. I. INTRODUCTIONThis matter comes on before this court on appea