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Gregg v. Louisiana Power & Light Co.

626 F.2d 1315 (1980)

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Gregg v. Louisiana Power & Light Co.

United States Court of Appeals for the Fifth Circuit
626 F.2d 1315 (1980)

  • Written by Jack Newell, JD

Facts

Thomas Gregg Jr. (plaintiff) was injured by a power line maintained by Louisiana Power & Light Company (LP&L) (defendant). Thomas Jr. sued in federal district court, which had diversity jurisdiction over the case. LP&L claimed that Thomas Jr. could not actually establish diversity jurisdiction. Although it was uncontroverted that LP&L was a citizen of Louisiana, Thomas Jr.’s citizenship was in question. Thomas Jr. was born in Kentucky. However, Thomas Jr.’s father, Thomas Gregg Sr., was a migrant worker who never established citizenship in Kentucky. Thomas Jr. spent time in Michigan and argued that he intended to make that state his domicile, but he never established a concurrent residence. This meant that Thomas Jr. never established a domicile anywhere. LP&L argued that this made him stateless, barring diversity jurisdiction. The district court ruled in favor of LP&L. Thomas Jr. appealed to the circuit court.

Rule of Law

Issue

Holding and Reasoning (Garza, J.)

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