Mas v. Perry - (statewise) of all plaintiffs Rational: Mr....

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Mas v. Perry 489 F.2d 1396 (1974) Fact: Operative Facts: Mr. & Mrs. Mas were married in Mississippi, Mr. Mas was a citizen of France, and they both were working as grad. Assistance in Louisiana. When they went back to Louisiana to work again, and finish up Mr. Mas’s PHD in Philosophy, they rented a room, and found that there were 2 way mirrors, and were being watched by the landlord Mr. Perry. The court awarded 20k total. 5/15k Mr./Mrs. The landlord appealed stating that there was no diversity of citizenship Issue: Did the federal district have subject matter jurisdiction over case at hand, when Mr. & Mrs. Mas were citizens of other states, and then became residence of the state of Louisiana after the law suit started. Rule: For a diverse citizenship jurisdiction, all defendants must be of different citizenship
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Unformatted text preview: (statewise) of all plaintiffs Rational: Mr. Mas was a citizen of France while Mrs. Mas was a citizen of Mississippi at the time the lawsuit was created. The rule was established by Strawbridge. Citizenship means to have a domicile in the state. There are two elements of changing domicile, 1) taking up residence in a different domicile with 2) the intention to remain there. A domicile is a place of his true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom Holding: Just because a person works somewhere, doesnt mean that they are of citizen of that place. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

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