COURTS - FEDERAL COURTS - DIVERSITY OF CITIZENSHIP REQUIREMENT - PERSONS EVACUATED TO OTHER STATES BY GOVERNMENT ORDER

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiffs were United States citizens of Japanese ancestry domiciled in California. By order of the Western Defense Command, United States Army, they were removed to the Gila River Relocation Center, Arizona. Defendants were residents of California. After their relocation plaintiffs brought this action in the United States District Court for the Southern District of California "to terminate trust, for an accounting, and for appointment of a receiver," and jurisdiction of the federal court was based solely on allegations of diversity of citizenship. Held, action dismissed for want of jurisdiction. A person moving under legal or physical compulsion, from his domicile in one state to a new abode in another state does not attain a new residential status in the latter place, regardless of his declaration of intention not to return to his former domicile when free to do so, sufficient to warrant federal court jurisdiction upon ground of diversity of citizenship. Hiramatsu v. Philips, (D.C. Cal. 1943) 50 F. Supp. 167.

Recommended Citation

Michigan Law Review, COURTS - FEDERAL COURTS - DIVERSITY OF CITIZENSHIP REQUIREMENT - PERSONS EVACUATED TO OTHER STATES BY GOVERNMENT ORDER, 42 Mich. L. Rev. 321 (1943).
Available at: https://repository.law.umich.edu/mlr/vol42/iss2/8