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Carden Vs. Arkoma Assocs.

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  • US Supreme Court
  • Jan 01, 1990

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71 entries 3 linked 68 unlinked
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  1. Chapman Vs. Barney US Supreme Court · Mar 05, 1889
  2. Navarro Savings Assn. Vs. Lee US Supreme Court · May 19, 1980
  3. Strawbridge Vs. Curtiss US Supreme Court · Jan 01, 1806
  4. Carden v. Arkoma
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  5. Assocs. - 494 U.S. 185 (1990) U.S. Supreme Court Carden v. Arkoma
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  6. Assocs., 494 U.S. 185 (1990) Carden v. Arkoma
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  7. to other artificial entities. Chapman v. Barney
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  8. Steelworkers v. R.H
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  9. Bouligny, Inc., 382 U. S. 145 , 382 U. S. 151 . Puerto Rico v. Russell
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  10. Co., 288 U. S. 476 . Navarro Savings Assn. v. Lee
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  11. can invoke diversity jurisdiction based on the citizenship of some but not all of its members. Bank of United States v. Deveaux
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  12. Cranch 61, 9 U. S. 90 -91, Marshall v. Baltimore
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  13. of citizenship. See Strawbridge v. Curtiss
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  14. Bank of United States v. Deveaux
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  15. C.R. Co. v. Letson
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  16. should be presumed conclusively to be citizens of the corporation's State of incorporation. Marshall v. Baltimore
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  17. to be discussed presently) just as firmly resisted extending that treatment to other entities. For example, in Chapman v. Barney
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  18. Id. at 129 U. S. 682 . Similarly, in Great Southern Fire Proof Hotel Co. v. Jones
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  19. Id. at 177 U. S. 457 . As recently as 1965, our unanimous opinion in Steelworkers v. R.H
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  20. the doctrinal wall of Chapman v. Barney
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  21. not be breached. The one exception to the admirable consistency of our jurisprudence on this matter is Puerto Rico v. Russell
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  22. U. S. 191 Arkoma claims to have found another exception to our Chapman tradition in Navarro Savings Assn. v. Lee
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  23. U.S. at 177 U. S. 453 (quoting Mansfield, C. & L.M.R. Co. v. Swan
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  24. How. 497 (1844), that the corporation has its own citizenship. See Great Southern Fire Proof Hotel v. Jones
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  25. i.e., which parties have control over the subject of and litigation over the controversy. See Marshall v. Baltimore
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  26. Ante at 494 U. S. 197 . That assertion is insupportable in light of Navarro Savings Assn. v. Lee
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  27. trust must be considered for purposes of diversity jurisdiction) Page 494 U. S. 199 and even Steelworkers v. R.H
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  28. See also Bank of United States v. Deveaux
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  29. The starting point for any analysis of who must be counted for purposes of diversity jurisdiction is Strawbridge v. Curtiss
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  30. of different States. Complete diversity, however, is not constitutionally mandated. See State Farm Fire & Casualty Co. v. Tashire
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  31. of the class would destroy complete diversity or to the class members' particular stake in the controversy. See Snyder v. Harris
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  32. Owen Equipment & Erection Co. v. Kroger
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  33. The Real Party in Interest as a Jurisdictional Rule, 56 Texas L.Rev. 243, 247-250 (1978). In Wormley v. Wormley
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  34. Id. at 21 U. S. 451 (footnote omitted). See also Wood v. Davis
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  35. that the citizenship of each shareholder must be counted for purposes of diversity jurisdiction. Bank of United States v. Deveaux
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  36. an even stronger case for recognizing a corporation as a proper party in its own right before the Court. See Marshall v. Baltimore
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  37. Charleston R. Co. v. Letson
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  38. each association held equivalent power and control over the association's assets, business, and litigation. In Chapman v. Barney
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  39. the real parties to the controversy. The Court applied a similar approach in Great Southern Fire Proof Hotel Co. v. Jones
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  40. who, among the partners, were the real parties to the controversy. Page 494 U. S. 204 In Steelworkers v. R.H
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  41. person, and therefore, not a citizen for purposes of diversity jurisdiction. See Mesa Operating Limited Partnership v. Louisiana
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  42. of the real party to the controversy test was appropriate, the Court unanimously applied it. See Navarro Savings Assn. v. Lee
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  43. us were correct, ante at 494 U. S. 187 -188, n. 1., then we seriously erred in Navarro Savings Assn. v. Lee
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  44. Colonial Realty Corp. v. Bache
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  45. the case does not directly relate to the issue before us, the Court takes pains to address and distinguish Puerto Rico v. Russell
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  46. Ames v. Downing
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  47. history of the limited partnership in this country and abroad to assert that it appears 25 years after Steelworkers v. R.H
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  48. U.S. Supreme Court Carden v. Arkoma
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  49. Puerto Rico v. Russell
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  50. Marshall v. Baltimore
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