Kaiser v. Loomis, 17637.
Decision Date | 27 March 1968 |
Docket Number | No. 17637.,17637. |
Citation | 391 F.2d 1007 |
Parties | Helen K. KAISER, Administratrix of the Estate of Carole Lu Kaiser, Deceased, Plaintiff and Appellant, v. Carroll O. LOOMIS, Defendant and Appellee. |
Court | U.S. Court of Appeals — Sixth Circuit |
Herbert Phillipson, Jr., Dowagiac, Mich., James Thomas Sloan, Jr., Kalamazoo, Mich., by Herbert Phillipson, Jr., Dowagiac, Mich., on brief, for appellant.
G. Anthony Edens, Grand Rapids, Mich., Luyendyk, Hainer & Karr, by John D. B. Luyendyk, Grand Rapids, Mich., on brief; Seymour, Seymour & Conybeare, Benton Harbor, Mich., of counsel, for appellee.
Before PHILLIPS and EDWARDS, Circuit Judges and McALLISTER, Senior Circuit Judge.
The only question posed by this appeal is whether an American citizen, born in one of the states of the United States to parents who were citizens of that state, can lose the state citizenship for purposes of diversity jurisdiction which he acquired at birth without first acquiring a new domicile. We hold that he cannot.
This is a personal injury case in which plaintiff's daughter, Carole Lu Kaiser, was killed when the automobile in which she was riding was struck by an automobile driven by defendant-appellee, Carroll O. Loomis. Federal jurisdiction was claimed on grounds of diversity of citizenship under 28 U.S.C. § 1332 (1964).1
The case was tried before a District Judge in the United States District Court for the Western District of Michigan. A jury verdict of $30,000 was returned for plaintiff.
Jurisdiction over the controversy had been contested from the outset of the litigation, with defendant claiming that the required diversity of citizenship did not exist. The District Judge reserved this question for decision until after the taking of the jury verdict. He ultimately granted defendant's motion to reopen proofs and then made certain findings of fact and dismissed the whole cause of action for lack of diversity of citizenship.
The Judge's opinion said in part:
The additional fact supplied by the record and undisputed is that defendant was born in Illinois to parents who then did and still do live there. He resided there (aside from two years in service) until he moved to Michigan.
The District Judge held He concluded that dismissal of this suit was required by the rule of Pemberton v. Colonna, 290 F.2d 220 (3d Cir. 1961). In Pemberton, however, the facts as found showed that plaintiff had established domicile in Mexico. The Third Circuit held on those facts that plaintiff was not a citizen of any state but was a citizen of the United States "domiciled" abroad. The critical distinction between this case and the Pemberton case is the difference between "residence" and "domicile."
"Citizenship" for purposes of the diversity statute is synonymous not with "residence" but with "domicile." Napletana v. Hillsdale College, 385 F.2d 871 (6th Cir. 1967); Williamson v. Osenton, 232 U.S. 619, 34 S.Ct. 442, 58 L.Ed. 758 (1914).
We cannot agree that any facts shown in this record lead to the legal conclusion reached by the District Judge that "the defendant does not have any actual citizenship in any specific state."
"Citizenship" for purposes of the diversity statute is determined as of the date of commencement of the action....
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National City Bank v. Aronson
...for "`[c]itizenship' for purposes of the diversity statute is synonymous not with `residence' but with `domicile.'" Kaiser v. Loomis, 391 F.2d 1007, 1009 (6th Cir.1968) (citing to Napletana v. Hillsdale Coll., 385 F.2d 871 (6th Cir.1967) and Williamson v. Osenton, 232 U.S. at 625, 34 S.Ct. ......
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Kubin v. Miller, 92 Civ. 0756 (SWK).
...that the defendant had a former domicile, the burden shifts to the defendant to prove that his domicile has changed. Kaiser v. Loomis, 391 F.2d 1007, 1009-10 (6th Cir. 1968) (citing Stine v. Moore, 213 F.2d 446, 448 (5th Cir.1954)). To sustain this burden, the defendant must show that he ha......
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Willis v. Westin Hotel Co.
...without first acquiring some new domicile. Gregg v. Louisiana Power and Light Co., 626 F.2d 1315 (5th Cir.1980); Kaiser v. Loomis, 391 F.2d 1007 (6th Cir.1968); Barber v. Varleta, 199 F.2d 419, 423 (9th Cir. 1952). See also Carter v. McConnel, 576 F.Supp. 556 (D.Nev.1983); Unanue v. Caribbe......
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Mudd v. Yarbrough
...the foundational principle that “[a] person's previous domicile is not lost until a new one is acquired.” Id. (citing Kaiser v. Loomis, 391 F.2d 1007 (6th Cir.1968)). There is no dispute that both co-administrators reside in the Eastern District of Kentucky. Decedent's sister, Amy Tuepker, ......