Kinsel v. Pickens

McMILLAN, District Judge.

Plaintiffs move to remand this cause, first because there is no diversity of citizenship, and second, allowing the citizenship to be diverse, the defendant is not a nonresident.

The fact is that the defendant, being an officer in the United States Army, stationed here in line of duty, may be here for several years and he may, without the slightest volition upon his part, be transferred to some other post tomorrow. During such time as he has been here, his family has been with him and he has lived in a rented house, money for which is provided by the Government by way…