Legal Opinion

Carter v. Flowers

District Court, M.D. Louisiana

Decided June 11, 1987No. Civ. A. No. 87-30-BPublished

1Opinion of the Court

P0L0Z0LA, District Judge.

The issue before the court is whether there is diversity of citizenship between the parties in this case as required by 28 U.S.C. § 1332.1 It is clear a federal court may, on its own motion, question the court’s subject matter jurisdiction. The court finds that complete diversity of citizenship does not exist among the parties as required by Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 2 L.Ed. 435 (1806) and, therefore, this court lacks jurisdiction over the subject matter. Therefore, this case must be dismissed for lack of jurisdiction.

This court is a court of…

2Cases cited8 opinions

  1. Strawbridge v. CurtissSupreme Court of the United States · 1806
  2. Ed Freeman and Wife Sharon Freeman, Cross-Appellants v. Northwest Acceptance Corporation, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  3. James H. Crowley v. Richard D. Glaze, D/B/A Tomichi Village Restaurant and LoungeCourt of Appeals for the Tenth Circuit · 1983
  4. Sylvester Jones v. J. Martin HadicanCourt of Appeals for the Eighth Circuit · 1977
  5. Scoggins v. PollockCourt of Appeals for the Eleventh Circuit · 1984

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