222 F.2d 258 (9th Cir. 1955), 14369, Lowe v. Manhattan Beach City School District

Docket Nº:14369
Citation:222 F.2d 258
Party Name:Grace LOWE, Appellant, v. MANHATTAN BEACH CITY SCHOOL DISTRICT OF LOS ANGELES COUNTY, a political division of the State of California, John L. Miles, John Doe, Richard Doe, and Thomas Doe, Appellees.
Case Date:April 19, 1955
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 258

222 F.2d 258 (9th Cir. 1955)

Grace LOWE, Appellant,

v.

MANHATTAN BEACH CITY SCHOOL DISTRICT OF LOS ANGELES COUNTY, a political division of the State of California, John L. Miles, John Doe, Richard Doe, and Thomas Doe, Appellees.

No. 14369

United States Court of Appeals, Ninth Circuit.

April 19, 1955

Page 259

Grace Lowe, Hollywood, Cal., in pro. per.

Harold W. Kennedy, County Counsel, Los Angeles County, Los Angeles, Cal., for appellees.

Before STEPHENS and CHAMBERS, Circuit Judges, and WIIG, District Judge.

STEPHENS, Circuit Judge.

The plaintiff, Grace Lowe, appellant here, is a resident of Alaska, and claims in her action containing three related causes filed in the United States District Court that the Manhattan Beach City School District of Los Angeles County, State of California, and several individuals entered, without right, into and upon and took possession of certain real property to which she was entitled possession, depriving her of its rental value. She also claims that the defendants, appellees here, wrongfully removed and converted to their own use, a building belonging to her which was on but not attached to the realty. And in her third cause of action she alleges the conversion of personal property.

Plaintiff-appellant bases her claim for the United States District Court's jurisdiction upon diversity of citizenship and she prays an award in damages. The court, upon its own motion, dismissed the action for want of jurisdiction, specifically without adjudication of the merits. The court held:

'(1) That the record in this cause does not disclose complete diversity of citizenship between the parties (28 U.S.C. § 1332 * * *).'

We agree with this conclusion upon the ground that the state is not a citizen and that the school district is a part of the government of the state. The court cited the following cases as supporting its conclusion:

'City of Indianapolis v. Chase National Bank, 1941, 314 U.S. 63, 69-70, 76-77, 62 S.Ct. 15, 86 L.Ed. 47; State Highway Commission v. Utah Const. Co., 1929, 278 U.S. 194, 200, 49 S.Ct. 104, 73 L.Ed. 262; Broadwater Missouri Water Users' Ass'n v. Montana Power Co., 9 Cir., 1944, 139 F.2d 998, 999; Fowler v. Calif. Toll-Bridge Authority, 9 Cir., 1942, 128 F.2d 549; * * *.'

However, notwithstanding the allegation that jurisdiction is based upon diversity, there...

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