United States District Court, Eastern District of Illinois
June 10, 1960
HERMAN F. WRIGHT, PLAINTIFF,
GOVERNOR HOTEL OPERATING CO., A CORPORATION, AND GOVERNOR HOTEL BLDG. CO., A CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: Juergens, District Judge.
Jurisdiction is based on diversity of citizenship. It is
alleged that the plaintiff is a citizen and resident of the State
of Illinois and that the defendant corporations are citizens of
the State of Delaware. The amount in controversy exceeds,
exclusive of interest and costs, the sum of $10,000.
The defendants have filed their motion to dismiss, alleging
that the complaint fails to show jurisdiction under diversity of
citizenship. They have not filed with their motion a brief in
support thereof as required by rule 5(a) of the Rules of the
District Court for the Eastern District of Illinois, and
ordinarily this Court would strike the motion for failure to file
a memorandum in support of their motion. In this instance,
however, it does not appear in the complaint that jurisdiction is
properly shown to exist, and for that reason the Court will
consider the motion in order that the question of jurisdiction
may be resolved prior to trial.
Jurisdiction of district courts in diversity cases is founded
on Section 1332, Title 28 U.S.C.A., which provides in pertinent
parts as follows:
"§ 1332. Diversity of citizenship; amount in
"(a) The district courts shall have original
jurisdiction of all civil actions where the matter in
controversy exceeds the sum or value of $10,000,
exclusive of interest and costs, and is between —
"(1) citizens of different States;
"(c) For the purposes of this section and section
1441 of this title, a corporation shall be deemed a
citizen of any State by which it has been
incorporated and of the State where it has its
principal place of business."
Here the plaintiff has alleged that the defendants are citizens
of the State of Delaware; however, under the provisions of
Section 1332, a corporation may be a citizen of two states for
diversity purposes. If in fact the defendants have their
principal place of business in the State of Illinois, then
jurisdiction does not exist in this Court.
Inasmuch as the plaintiff has failed to show jurisdiction in
this Court, the complaint will be dismissed.
© 1992-2003 VersusLaw Inc.