FEDERAL JURISDICTION - DIVERSITY OF CITIZENSHIP - SUIT UNDER DEATH ACT

Authors

Abstract

The decedent, a citizen of Oklahoma, died as the result of injuries alleged to have been negligently inflicted by the respondents, citizens of Louisiana. An Oklahoma statute, creating a cause of action for death by wrongful act, requires that the administrator maintain the suit, the proceeds of which are to be divided between the widow and children and are not to be assets of the estate. Okla. Comp. Stat., 1921, secs. 822-825. The petitioner, a citizen of Louisiana, was duly appointed administrator for the obvious purpose of preventing removal of the cause to the federal court on the ground of diversity of citizenship. The present action was filed under the above statute in an Oklahoma court, but was removed to the federal district court on the respondent's petition. That court refused the petitioner's motion to remand, holding that the beneficiaries under the statute were the real parties in interest whose citizenship controlled. After appeal and affirmation by the circuit court of appeals, the Supreme Court granted certiorari. Held, reversed and remanded to the state court. There was not the requisite diversity of citizenship for federal jurisdiction, since that of the administrator controlled. Mecom v. Fitzsimmons Drilling Co., Inc., et al. (U. S. 1931) 52 Sup. Ct. 84, 76 L. ed. 58.

Recommended Citation

FEDERAL JURISDICTION - DIVERSITY OF CITIZENSHIP - SUIT UNDER DEATH ACT, 30 Mich. L. Rev. 1341 (1932).
Available at: https://repository.law.umich.edu/mlr/vol30/iss8/20