Case Brief Civ Pro Unit B1 diversity jurisdiction 1 17 15 Identity of Case Mas v Perry 489 F 2d 1396 5th Cir 1974 Page 51 of the casebook Summary of Facts Procedural History Mr M is a French citizen married to Mrs M a United States citizen Prior to their marriage they lived together as graduate students in Louisiana They returned to Mrs M s home in Mississippi for their marriage and then returned to Louisiana for two years during which time they rented an apartment from the defendant and then moved to Illinois where they were living when they filed the suit The suit alleged that Perry had been watching them through a 2 way mirror in their apartment causing damages in excess of 10 000 they asked for much much more but that is the minimum in 1974 for federal jurisdiction to be allowed Judgment against Perry for a total of 5000 to Mr Mas and 15 000 to Mrs Mas Perry appeals on lack of jurisdiction for lack of diversity jurisdiction on both parties and failure to meet the minimum sum for Mr Mas Statement of the Issue Do the Mas s have diverse citizenship from Mr Perry Does the fact that Mr Mas claim was adjudicated to be less than the minimum mean that jurisdiction was lacking Holding Mrs Mas is domiciled in Mississippi as she has not abandoned that domicile and has intent of returning and considers their student domicile temporary Mr Mas is a foreign citizen and therefore is entitled to diversity jurisdiction until later when the law changes to put permitted permanent residents in the same category as citizens for the basis of diversity jurisdiction It is the amount in dispute at the claim that determines whether the minimum was met not the adjudication Frivolous argument Reasoning That s the damn rule ya moron Evaluation
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