Baker v. Keck

13 F. Supp. 486 (1936)

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Baker v. Keck

United States District Court for the Eastern District of Illinois
13 F. Supp. 486 (1936)

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Facts

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

Issue

Holding and Reasoning (Lindley, J.)

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