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FIRST ACCESS OF NORTHERN ILLINOIS, INC. v. TKX LEA

February 22, 1993

FIRST ACCESS OF NORTHERN ILLINOIS, INC., Plaintiff,
v.
TKX LEASING, INC., Defendant.


LINDBERG


The opinion of the court was delivered by: GEORGE W. LINDBERG

Plaintiff, First Access of Northern Illinois, Inc., has filed a complaint alleging state law claims for breach of contract and account stated against defendant; TKX Leasing, Inc. Plaintiff purports to allege this court's subject matter jurisdiction on the basis of diversity of citizenship. 28 USC § 1332.

 The relevant statute provides:

 
(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $ 50,000, exclusive of interest and costs, and is between
 
(1) citizens of different States[.]

 28 USC § 1332(a)(1). The parties are both corporations. The statute provides:

 
(c) For the purposes of this section . . . --
 
(1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business . . . .

 28 USC § 1332(c)(1).

 Apparently recognizing the requirements of the diversity statute, plaintiff alleges defendant's citizenship as follows:

 
2. TKX Leasing, Inc., also known as Alvarez Cold Storage ("TKX") is an Illinois corporation with its principal place of business in Chicago, Illinois.

 Curiously, plaintiff does not adequately allege its own citizenship. as it alleges:

 
1. Plaintiff First Access of Northern Illinois, Inc., formerly known as Clarklift of Chicago South, Inc. ("First Access"), is a Delaware corporation ...

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