Legal Opinion
Joseph E. Bass, Administrator of the Estate of John William Morris, Deceased v. Texas Power & Light Company
Court of Appeals for the Fifth Circuit
Decided September 30, 1970No. 28955_1PublishedCited by 36 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
This appeal presents the issue of-whether the appointment of an out-of-state administrator for the sole purpose of creating diversity of citizenship between the parties of a lawsuit in order to invoke the jurisdiction of the federal courts is “improper” or “collusive” under Section 1359, Title 28, United States Code.1 The District Court held for jurisdiction. We reverse.
This wrongful death action was commenced in the Eastern District of Texas on July 21, 1969, under the Texas Wrongful Death Statute, Article 4671, et seq., Revised Civil Statutes of Texas. The…
2Cases cited9 opinions
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- James L. Lester, Administrator of the Estate of Flossie Mae Garner Brown, Deceased v. Heyward McFaddon and Cameron Lumber CompanyCourt of Appeals for the Fourth Circuit · 1969
- Corabi v. Auto Racing, Inc.Court of Appeals for the Third Circuit · 1959
- Groh v. BrooksCourt of Appeals for the Third Circuit · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross HospitalCourt of Appeals for the Fifth Circuit · 1979
- Charline Hamilton, Administratrix of the Estate of Carey Clayton Yates v. Jess ChaffinCourt of Appeals for the Fifth Circuit · 1975
- Kevin Gross, as Receiver for Hougland Barge Line, Inc., a Dissolved Delaware Corporation v. Frances M. HouglandCourt of Appeals for the Sixth Circuit · 1983
- Susan K. O'brien, Administrator of the Estate of Leona Cameron, Deceased v. Donald R. StoverCourt of Appeals for the Eighth Circuit · 1971
- Grassi v. Ciba-Geigy, Ltd.Court of Appeals for the Fifth Circuit · 1990
31 more not listed; retrieve them via the Exa API.