Legal Opinion

Dunlap v. Buchanan

Court of Appeals for the Eighth Circuit

Decided August 10, 1984No. 83-2057PublishedCited by 8 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether Darin Dunlap, who is eight years old and severely mentally retarded, is a citizen of Texas for the purpose of invoking diversity jurisdiction under 28 U.S.C. § 1332 (1982). The district court,1 567 F.Supp. 1435 (D.C.Ark. 1983), held that the move of Darin from Arkansas to Texas, where he was placed in a special care home, was not sufficient to effect a change in citizenship. The district court relied upon the rule that the domicile of the child is that of the parents, and Darin’s parents remained in Arkansas. On appeal it is argued…

2Cases cited14 opinions

  1. Williamson v. OsentonSupreme Court of the United States · 1914
  2. McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
  3. Irene A. Janzen, Administratrix of the Estate of Waldo R. Janzen, Deceased v. Wilber W. Goos and Ivan GottulaCourt of Appeals for the Eighth Circuit · 1962
  4. Sheila M. Lyons v. Salve Regina College and Sheila M. Megley, ph.d., Individually and in Her Capacity as Dean of Students at Salve Regina CollegeCourt of Appeals for the First Circuit · 1977
  5. Ziady v. CurleyCourt of Appeals for the Fourth Circuit · 1968

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3Cited by8 opinions

  1. Oltremari Ex Rel. McDaniel v. Kansas Social & Rehabilitative ServiceDistrict Court, D. Kansas · 1994
  2. Juvelis, Juvelis v. SniderCourt of Appeals for the Third Circuit · 1995
  3. United States v. Leo Lyle Lawrence, Also Known as Bud LawrenceCourt of Appeals for the Eighth Circuit · 1995
  4. Comanche Indian Tribe of Oklahoma v. HovisDistrict Court, W.D. Oklahoma · 1994
  5. Dunlap v. BuchananCourt of Appeals for the Eighth Circuit · 1984

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