Baker v. Keck
United States District Court for the Eastern District of Illinois
13 F.Supp. 486 (1936)
Baker (plaintiff) was
attacked and shot in the arm by members of the Progressive Miners of America
(defendants). After his injury, Baker and his family moved from his farm in
Illinois to Oklahoma. Baker subsequently brought this diversity suit against
various individuals and the Progressive Miners of America for conspiracy as a
citizen of the state of Oklahoma. The defendants made a motion to dismiss on
the grounds that there is no diversity of citizenship. Baker testified that he
moved to Oklahoma with the intention of making it his home, but witnesses for
the defense testified that Baker told them he planned on returning to Illinois
after his case settled. The defendants argued that Baker is not a citizen of
Oklahoma because he has a domicile in the state of Illinois.
Rule of Law
Holding and Reasoning (Lindley, J.)
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