Legal Opinion

Kantor v. Wellesley Galleries, Ltd.

Court of Appeals for the Ninth Circuit

Decided April 26, 1983No. 82-5121PublishedCited by 135 opinions

1Opinion of the Court

SNEED, Circuit Judge:

This appeal poses the question whether a “stateless alien” who is domiciled in one of the several states can sue or be sued in federal court pursuant to diversity of citizenship jurisdiction as enacted in 28 U.S.C. § 1332(a)(1). Appellant filed a state law tort action in federal court alleging diversity of citizenship. Appellant is domiciled in New York but he is neither a citizen of the United States nor of any other country. The district court dismissed the complaint, concluding that because appellant is not a citizen of the United States he cannot be a “citizen of a…

2Cases cited20 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Madden v. Kentucky Ex Rel. CommissionerSupreme Court of the United States · 1940
  3. Dred Scott v. SandfordSupreme Court of the United States · 1857
  4. Mas v. PerryCourt of Appeals for the Fifth Circuit · 1974
  5. Anderson v. WattSupreme Court of the United States · 1891

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3Cited by135 opinions

  1. Solomon Lew v. Stanton Moss and Harlean MossCourt of Appeals for the Ninth Circuit · 1986
  2. Anand Prakash v. American UniversityCourt of Appeals for the D.C. Circuit · 1984
  3. Nugget Hydroelectric, L.P. v. Pacific Gas and Electric CompanyCourt of Appeals for the Ninth Circuit · 1992
  4. Kantor v. Wellesley Galleries, Ltd.Court of Appeals for the Ninth Circuit · 1983
  5. Wilfredo Rodriguez-Diaz v. Marcelo Sierra-MartinezCourt of Appeals for the First Circuit · 1988

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