Legal Opinion
Bruce Wayne Ray v. Bird and Son and Asset Realization Company, Inc.
Court of Appeals for the Fifth Circuit
Decided September 19, 1975No. 75-2057PublishedCited by 95 opinions
1Per curiam
Ray’s complaint seeking damages for personal injury named as joint tort-feasors two foreign corporations, Bird & Son and Melton Truck Lines, Inc. Ray, a citizen of Louisiana, based jurisdiction on diversity of citizenship, 28 U.S.C. § 1332(a). Upon motion of Melton, the court determined that the principal place of business of Melton was Louisiana, and dismissed the action as to both Bird & Son and Melton. We affirm.
The burden of pleading diversity of citizenship is upon the party invoking federal jurisdiction, and if jurisdiction is properly challenged, that party also bears the burden of…
2Cases cited2 opinions
- Dorothy Evans Anderson Etc. v. Dr. M. L. MoorerCourt of Appeals for the Fifth Circuit · 1967
- Jean Paul Mas and Judy Mas v. Oliver H. Perry, No. 73-3008 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Company of New York, 5 Cir., 1970, 431 F.2d 409, PartiCourt of Appeals for the Fifth Circuit · 1974
3Cited by95 opinions
- Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C.Court of Appeals for the Eleventh Circuit · 2004
- B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
- Coury v. ProtCourt of Appeals for the Fifth Circuit · 1996
- Anand Prakash v. American UniversityCourt of Appeals for the D.C. Circuit · 1984
- Ca 79-3053 Publicker Industries, Inc. And Continental Distilling Corporation v. Roman Ceramics CorporationCourt of Appeals for the Third Circuit · 1979
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