Legal Opinion

Independence Mortgage Trust v. White

District Court, D. Oregon

Decided February 17, 1978No. 75-938-EPublishedCited by 10 opinions

1Opinion of the Court

OPINION

SKOPIL, District Judge:

Introduction

Two questions of law are presently before me for decision. First, what is the citizenship, for purposes of diversity jurisdiction, of a real estate investment trust (“REIT”)? I hold that the citizenship of a REIT is that of each and every state in which any beneficiary or shareholder 1 is a citizen. Second, may a district court set aside its own final judgment upon a showing that the court lacked subject matter jurisdiction at the time it entered the judgment? I hold that the court may not so act.

Background

This action was commenced by Independence…

2Cases cited24 opinions

  1. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  2. Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
  3. Glidden Co. v. ZdanokSupreme Court of the United States · 1962
  4. Lockerty v. PhillipsSupreme Court of the United States · 1943
  5. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893

19 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. In Re Texlon CorporationCourt of Appeals for the Second Circuit · 1979
  2. Kansas City Southern Railway Company v. Great Lakes Carbon CorporationCourt of Appeals for the Eighth Circuit · 1980
  3. Ruggieri v. General Well Service, Inc.District Court, D. Colorado · 1982
  4. Hays v. Louisiana Dock Co.Appellate Court of Illinois · 1983
  5. Lawrence F. Lee, Jr. v. Navarro Savings AssociationCourt of Appeals for the Fifth Circuit · 1979

5 more not listed; retrieve them via the Exa API.

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