Legal Opinion
Charles J. Vaughan, Ancillary Administrator of the Estate of Eldon Eure Swain v. Southern Railway Company
Court of Appeals for the Fourth Circuit
Decided October 7, 1976No. 75-2107PublishedCited by 19 opinions
1Opinion of the Court
HAYNSWORTH, Chief Judge:
In 1969 this court was presented with the first of a series of cases dealing with the appointment of a fiduciary to create or defeat diversity jurisdiction. Lester v. McFaddon, 4th Cir., 415 F.2d 1101 held that the appointment of a Georgia resident as administrator of the estate of a South Carolina decedent for the purpose of bringing a wrongful death action in the federal courts against a South Carolina defendant was an “improper manufacture of jurisdiction.” Id. at 1104. Subsequent cases reaffirmed and expanded the Lester notion that the citizenship of the personal…
2Cases cited6 opinions
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- James L. Lester, Administrator of the Estate of Flossie Mae Garner Brown, Deceased v. Heyward McFaddon and Cameron Lumber CompanyCourt of Appeals for the Fourth Circuit · 1969
- Lonnie Miller, Administrator of the Estate of Albert Miller, Jr., Deceased and Albert Miller, Sr. v. Ely J. Perry, Jr.Court of Appeals for the Fourth Circuit · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kevin Gross, as Receiver for Hougland Barge Line, Inc., a Dissolved Delaware Corporation v. Frances M. HouglandCourt of Appeals for the Sixth Circuit · 1983
- Prudential Oil Corporation v. Phillips Petroleum CompanyCourt of Appeals for the Second Circuit · 1976
- Pallazola v. RuckerCourt of Appeals for the First Circuit · 1986
- Betar v. De Havilland Aircraft of Canada, Ltd.Court of Appeals for the Seventh Circuit · 1979
- Margaret M. Krier-Hawthorne v. Thomas L. Beam and L. Wallace Sink, Administrator of the Estate of Joseph Krier, DeceasedCourt of Appeals for the Fourth Circuit · 1984
14 more not listed; retrieve them via the Exa API.