Legal Opinion

Pallazola v. Rucker

Court of Appeals for the First Circuit

Decided August 1, 1986No. Nos. 85-1888, 85-1893, 85-1935, 85-1936, 85-1937, 85-1938, 85-1973 and 85-1974PublishedCited by 24 opinions

1Opinion of the Court

MALETZ, Senior Judge.

The appeal and cross-appeals before us raise two major questions: (1) Did the district court err when it found that the plaintiff below was chosen as administratrix of a decedent’s estate for the purpose of creating diversity jurisdiction? (2) Having made that finding, did the district court err when it referred the action to a state court rather than immediately entering a judgment of dismissal? We hold that the district court was correct in finding that diversity jurisdiction had been manufactured improperly or collusively. We do not reach the propriety of the referral…

2Cases cited44 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Powell v. McCormackSupreme Court of the United States · 1969
  4. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  5. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911

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3Cited by24 opinions

  1. Pramco, LLC Ex Rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc.Court of Appeals for the First Circuit · 2006
  2. Oakville Development Corporation, Trustee of the 10-12 Lopez St. Trust v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1993
  3. Thomas R.W., by and Through His Next Friends Pamela R. And Edward W. v. Massachusetts Department of EducationCourt of Appeals for the First Circuit · 1997
  4. Negron v. LlarenaSupreme Court of New Jersey · 1998
  5. Barr v. GalvinCourt of Appeals for the First Circuit · 2010

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

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