NATIONAL ASSOCIATION OF REALTORS v. NATIONAL REAL ESTATE ASSOCIATION, INC., 88 C 9245.
Decision Date | 03 November 1988 |
Docket Number | No. 88 C 9245.,88 C 9245. |
Citation | 699 F. Supp. 678 |
Parties | NATIONAL ASSOCIATION OF REALTORS, Plaintiff, v. NATIONAL REAL ESTATE ASSOCIATION, INC., et al., Defendants. |
Court | U.S. District Court — Northern District of Illinois |
Matthew J. Iverson, Burditt, Bowles & Radzius, Chartered, Chicago, Ill., for plaintiff.
National Association of Realtors ("NAR") has sued National Real Estate Association, Inc. ("NREA"), Trihedron International Assurance, Ltd. ("Trihedron") and three other co-defendants, each of the latter being described as "a citizen of a foreign state, being an offshore insurance company with its principal place of business outside of the United States" (Complaint ¶¶ 4-6). Based on this Court's initial review of the Complaint,1 this action is dismissed for lack of subject matter jurisdiction.
Federal jurisdiction is sought to be predicated on diversity of citizenship, taking into account the dual citizenship of United States corporations under 28 U.S.C. § 1332(c)2:
If those were indeed the real parties in interest in this litigation, Section 1332(a)(3) would therefore vest this Court with jurisdiction.
But that is not at all the case. Although the case caption says NAR sues "on behalf of itself and its members," Complaint ¶ 1 more accurately states:
No complete diversity exists between NREA and NAR's members (after all, the Complaint does not say none of those members is an Ohio citizen).3 This situation, in which the rights of NAR's members are really the subject of suit, is no different conceptually from that discussed in such cases as United Steelworkers of America, AFL-CIO v. R.H. Bouligny, Inc., 382 U.S. 145, 149-53, 86 S.Ct. 272, 274-76, 15 L.Ed. 2d 217 (1965), where the citizenship of every member of an unincorporated association must be looked at to see whether diversity exists in federal jurisdictional terms; accord, 13 B Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction 2d § 3630, at 682-89 and cases cited (1984 and 1988 pocket part); Navarro Savings Association v. Lee, 446 U.S. 458, 460-61, 100...
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...association was that of its members because the members were the real parties in interest); National Assoc. of Realtors v. National Real Estate Assoc., Inc., 699 F.Supp. 678, 679 n. 3 (N.D.Ill.1988). On the other hand, "for purposes of diversity jurisdiction[,] a corporation is a corporatio......
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National Ass'n of Realtors v. National Real Estate Ass'n, Inc.
...suit against a rival trade association, the National Real Estate Association, Inc. (NREA), and several insurance companies. 699 F.Supp. 678 (N.D.Ill.1988). An Illinois not-for-profit corporation, NAR is a national association of real estate agents. The agents are the association's members, ......