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· 10/7/1991

Burr Stafford v. Mobil Oil Corporation

Citations

  • 945 F.2d 803
  • 1991 U.S. App. LEXIS 23513
  • 1991 WL 199010

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • vacating an injunction for lack of subject-matter jurisdiction where the plaintiff inadequately pleaded diversity, the record did not establish complete diversity, and the district court made no express jurisdictional finding or ruling before issuing the injunction
  • “When jurisdiction depends on citizenship, citizenship should be distinctly and affirmatively alleged.” (internal citation omitted)
  • party may amend to make complete statement of jurisdiction, but when jurisdiction does not exist it may not be cured by amendment
  • “Thus, [s]ection 1653 provides a method for curing defective allegations of jurisdiction’ where the defect is merely one of the pleading and not one of an absence of proof of facts necessary to establish diversity of citizenship.”
  • “Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.”
  • “Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Garwood, Barksdale

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.