Griffin v. Matthews, 13843.

Decision Date06 March 1970
Docket NumberNo. 13843.,13843.
Citation423 F.2d 272
PartiesFrederick GRIFFIN, Appellant, v. Calvin MATTHEWS and Willie Drake, Appellees.
CourtU.S. Court of Appeals — Fourth Circuit

Sammie Chess, Jr., High Point, N.C., for appellees.

Before BOREMAN, WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

The district court found that there was no diversity of citizenship as between the plaintiff and the defendants, that the court was without jurisdiction, and that the complaint must be dismissed.

We affirm on the written memorandum order or decision of the district court and for the reasons therein assigned.1

Affirmed.

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13 cases
  • Bloom v. Library Corp.
    • United States
    • U.S. District Court — Northern District of West Virginia
    • June 30, 2015
    ...that his citizenship is otherwise.") (quoting Messick v. S. Pa. Bus Co., 59 F.Supp. 799, 801 (E.D.Pa.1945) ), aff'd per curiam, 423 F.2d 272 (4th Cir.1970). "When a person moves from the state of domicile to a new state, unless it can be shown or inferred from circumstances that it was for ......
  • Gemini Enterprises, Inc. v. WFMY Television Corp.
    • United States
    • U.S. District Court — Middle District of North Carolina
    • May 1, 1979
    ...of establishing such facts by the preponderance of the evidence. Griffin v. Matthews, 310 F.Supp. 341, 342 (M.D.N.C.1969), aff'd 423 F.2d 272 (4th Cir. 1970), citing Gilbert v. David, 235 U.S. 561, 35 S.Ct. 164, 59 L.Ed. 360 A needed exception has grown up around the general rule to handle ......
  • Lew v. Moss
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 10, 1986
    ...v. Eli Lilly & Co., 526 F.Supp. 589, 592-93 (D.S.C.1981); Griffin v. Matthews, 310 F.Supp. 341, 342-43 (M.D.N.C.1969), aff'd, 423 F.2d 272 (4th Cir.1970). The courts have also stated that domicile is evaluated in terms of "objective facts," and that " 'statements of intent are entitled to l......
  • Eastern Federal Corp. v. Wasson, Civ. A. No. 80-1108-14.
    • United States
    • U.S. District Court — District of South Carolina
    • December 2, 1981
    ...791 (1979). He must carry this burden by a preponderance of the evidence. Griffin v. Matthews, 310 F.Supp. 341, 342 (1969) aff'd 423 F.2d 272 (4th Cir. 1970) citing Gilbert v. David, 235 U.S. 561, 35 S.Ct. 164, 59 L.Ed. 360 (1915). See also Gemini Enterprise, Inc. v. WFMY Television Corp., ......
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