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Coury v. Prot

85 F.3d 244 (1996)

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Coury v. Prot

United States Court of Appeals for the Fifth Circuit

85 F.3d 244 (1996)

Facts

David Coury (plaintiff), a citizen of California, filed an action against Alain Prot (defendant) in a Texas state court, asserting breach of contract and fraud. Prot removed the action to federal court. Prot, a dual citizen of France and the U.S., asserted that the court had diversity jurisdiction based on Prot’s dual citizenship and his claim that he was domiciled in France. Prot testified that he moved his family and business to Texas in 1987. Prot moved himself and his family to France in 1991 but repeatedly testified that he did not intend to stay in France indefinitely and that he and his family always intended to return to Texas. The trial court held that it had subject-matter jurisdiction based on diversity jurisdiction because Prot was domiciled in Texas at the time the suit was filed and removed. A jury found in favor of Coury. Prot appealed, arguing that the trial court did not have subject-matter jurisdiction, because he was domiciled in France and held dual American and French citizenship.

Rule of Law

Issue

Holding and Reasoning (Dennis, J.)

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