The Stouffer Corporation v. Donald E. Breckenridge

WOLLE, District Judge.

This interlocutory appeal presents the question whether the state of citizenship of a limited partner must be considered in determining whether diversity jurisdiction is satisfied. The plaintiff, an Ohio corporation, brings this action as the general partner on behalf of a limited partnership which includes as limited partners several Missouri citizens. The defendant is a citizen of Missouri. The District Court,1 faced with conflicting decisions from other cir*76cuits and no controlling decision of the United States Supreme Court, denied defendant’s motion to dismiss but…