Legal Opinion

Martinez v. United States Olympic Committee

Court of Appeals for the Tenth Circuit

Decided October 6, 1986No. 83-1758PublishedCited by 9 opinions

1Opinion of the Court

LOGAN, Circuit Judge.

This is a wrongful death action brought by Elsie Pinto Martinez as personal representative of the estate of Benjamin Davis. The district court dismissed the complaint for lack of subject matter jurisdiction. We consider on appeal whether the district court erred in finding (1) no federal diversity jurisdiction because Martinez was improperly or collusively made a party in violation of 28 U.S.C. § 1359, and (2) no federal question jurisdiction under 28 U.S.C. § 1331.

Benjamin Davis was a twenty-two year old amateur boxer who, in February 1982, participated in a Golden…

2Cases cited20 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Hagans v. LavineSupreme Court of the United States · 1974
  3. Willingham v. MorganSupreme Court of the United States · 1969
  4. Phillips Petroleum Co. v. Texaco Inc.Supreme Court of the United States · 1974
  5. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931

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3Cited by9 opinions

  1. Amoco Rocmount Co. v. Anschutz Corp.Court of Appeals for the Tenth Circuit · 1993
  2. Daneshvar v. Graphic Technology, Inc.Court of Appeals for the Tenth Circuit · 2007
  3. Walton-Floyd v. United States Olympic Committee, Texas Court of Appeals, 1st District (Houston)1998
  4. Martinez v. United States Olympic CommitteeCourt of Appeals for the Tenth Circuit · 1986
  5. Sternberg v. U.S.A. National Karate-Do Federation, Inc.District Court, E.D. New York · 2000

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