Legal Opinion
Bankston v. Burch
Court of Appeals for the Fifth Circuit
Decided July 29, 1994No. 93-01596PublishedCited by 41 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The general partner of a limited partnership appeals from the district court’s judgment in a derivative lawsuit brought by a limited partner. Because the claims the limited partner pleaded derive from the partnership’s rights, the partnership’s citizenship must be considered in determining whether federal diversity jurisdiction exists. When the partnership’s citizenship is taken into account, there is no complete diversity of citizenship. Therefore, the district court lacked subject matter jurisdiction. We REVERSE and REMAND and direct the district court to remand the…
2Cases cited9 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
- Freeport-McMoRan Inc. v. K N Energy, Inc.Supreme Court of the United States · 1991
- Billy R. Whalen v. Prentiss H. Carter, Jr., Claude Sharkey v. The Bank of Greensburg, John Fussell v. The Bank of GreensburgCourt of Appeals for the Fifth Circuit · 1992
- Lenz v. Associated Inns & Restaurants Co. of AmericaDistrict Court, S.D. New York · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Carol Rae Cooper Foulds v. Texas Tech UniversityCourt of Appeals for the Fifth Circuit · 1999
- Hb General Corp. Hb Limited Realty Corp. v. Manchester Partners, L.P., Defendant/third-Party v. H.B. Partners, L.P. And Vanderbilt Development Corporation, Third-PartyCourt of Appeals for the Third Circuit · 1996
- Avitts v. Amoco Production Co.Court of Appeals for the Fifth Circuit · 1997
- Moss v. PrincipCourt of Appeals for the Fifth Circuit · 2019
- Siaca v. DCC Operating, Inc. (In Re Olympic Mills Corp.)Bankruptcy Appellate Panel of the First Circuit · 2005
36 more not listed; retrieve them via the Exa API.