Sam Bialac, and Rental Development Corporation of America, an Arizona Corporation, Additional Party v. Harsh Building Co., an Oregon Corporation

The judgment is reversed. We conclude that we must find there was a lack of diversity of citizenship. Of course, it is tragic when we come up with such a result after the case has gone through a long trial.

Here, the parties stipulated at the outset that one of the defendants, Harsh Building Corporation, has its principal place of business in Oregon. Later the evidence showed that really the only business activity of Harsh Building Corporation is owning and operating the Phoenix apartment complex which is the subject of this suit. Two of the plaintiffs are citizens of Arizona. Thus, we find at…