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COURTS-JURISDICTION-FOREIGN INCORPORATION AS A COLLUSIVE ATTEMPT TO SECURE THE JURISDICTION OF FEDERAL COURTS

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Abstract

We have considered in a previous note the general rules as to the citizenship of a foreign corporation for purposes of jurisdiction of the federal courts. An action by or against a corporation is regarded as an action by or against the stockholders, who for purposes of jurisdiction are conclusively presumed to be citizens of the state of incorporation, and a foreign corporation generally remains for jurisdictional purposes a corporation of the state which created it. Consequently, incorporation in another state presents itself both to domestic corporations and individuals as a means of providing the diversity of citizenship which will entitle the parties to invoke the jurisdiction of a federal court.

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