FEDERAL PROCEDURE-JURISDICTION-EFFECT OF DISCLAIMER IN DIVERSITY OF CITIZENSHIP CASES

Authors

Richard W. Pogue S. Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff partnership brought suit in a federal court, alleging that defendants were citizens of Kentucky, and that all partners but one were non-citizens of Kentucky. The Kentucky partner was named as a defendant because of his refusal to join the other partners in the action, whereupon he filed an answer and disclaimer, in which he disclaimed any interest in the suit. Other defendants answered contesting the jurisdiction of the court on the ground that the Kentucky partner was required to be joined with the parties plaintiff, thus destroying the necessary diversity of citizenship. The district court dismissed the Kentucky partner, ruled that it had jurisdiction, and proceeded to judgment for plaintiffs. On appeal, held, affirmed. Jurisdiction based upon diversity of citizenship, though originally lacking because of the presence of indispensable parties, may be acquired upon dismissal of such parties, if because of disclaimer they are not indispensable at the time of the dismissal. Grant County Deposit Bank v. McCampbell, (6th Cir. 1952) 194 F. (2d) 469.

Recommended Citation

Richard W. Pogue S. Ed., FEDERAL PROCEDURE-JURISDICTION-EFFECT OF DISCLAIMER IN DIVERSITY OF CITIZENSHIP CASES, 51 Mich. L. Rev. 113 (1952).
Available at: https://repository.law.umich.edu/mlr/vol51/iss1/13