Belle View Apartments v. Realty Refund Trust

WINTER, Circuit Judge:

Although the appealing defendant initially sought to raise many other issues, we view this appeal as presenting the principal question of whether, for purposes of diversity jurisdiction under 28 U.S.C. § 1332, an unincorporated real estate investment trust is to be treated as a corporation. We answer that question in the negative and hold that a real estate investment trust is to be considered, under § 1332, a citizen of every state of which any of its members is a citizen. We vacate the district court’s declaratory judgment and remand the case to the district court for…