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· 12/7/1908

Miller & Lux, Inc. v. East Side Canal & Irrigation Co.

Citations

  • 211 U.S. 293
  • 29 S. Ct. 111
  • 53 L. Ed. 189
  • 1908 U.S. LEXIS 1545

Syllabus

<p>While jurisdiction of the Circuit Court exists even if complainant’s motive in acquiring citizenship was to invoke that jurisdiction, the citizenship must be real and actually acquired with the purpose of establishing a permanent domicil. Morris v. Gilmer, 129 U. S. 315.</p> <p>Where the complainant corporation was organized for the sole purpose of invoking the jurisdiction of the Circuit Court, and any decree in its favor would be really under the control, and for the benefit, ' of another corporation of the same State as- defendant, the suit should be dismissed as one in which the complainant was eollusively so organized for the purpose of creating a ease cognizable in the Circuit Court within the meaning of § 5 of the act of March 3, 1875, e. 137, 18 Stat. 470, 472. Lehigh Mining & Manufacturing Co. v. Kelly, 160 U. S. 327.</p>

How courts have described this case

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

  • holding a parent company cannot attempt to create federal diversity by assigning its claim to a subsidiary
  • holding a parent company cannot attempt to create federal diversity by assigning its claim to a subsidiary

Source: CourtListener parenthetical corpus (CC0).

Judges: Harlan

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.