Friday, December 27, 2013

Baker v. Keck case brief

Baker v. Keck case brief summary
13 F.Supp. 486 (1936)

CASE SYNOPSIS
Defendant mineworkers filed motion to dismiss in the District Court for the Eastern District of Illinois, claiming that no diversity of citizenship existed because plaintiff's domicile was in Illinois, not Oklahoma.

CASE FACTS
Plaintiff, who was in sympathy with a mine workers union, filed suit in federal district court alleging that he was attacked by defendants, members of second mine workers union. Plaintiff, who moved from Illinois to Oklahoma before the lawsuit began, gave sworn testimony that he intended to reside in Oklahoma. Defendants moved to dismiss, claiming that no diversity of citizenship existed because plaintiff's domicile was in Illinois.

DISCUSSION

  • The court denied the motion to dismiss, holding that plaintiff was presently and at the beginning of the lawsuit a citizen of Oklahoma. 
  • The court found that even though one of plaintiff's motives in moving to Oklahoma may have been to create diversity of citizenship, plaintiff's actions, including voter registration, evidenced an intent to become a citizen of Oklahoma.
CONCLUSION
Court denied motion to dismiss, holding that plaintiff's actions evidenced an intent to become a citizen of Oklahoma.

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