Lundquist v. Precision Valley Aviation, Inc.
United States Court of Appeals for the First Circuit
946 F.2d 8 (1st Cir. 1991)
Courtney Lundquist (plaintiff) sued Precision Valley Aviation, Inc., Winnipesaukee Airlines, Inc., Walter Fawcett, and Susan Fawcett (defendants) to recover on promissory notes in the United States District Court for the District of Massachusetts under its diversity jurisdiction. Lundquist claimed to reside in Massachusetts. The defendants, who were citizens of New Hampshire, moved to dismiss for lack of diversity, arguing that Lundquist was a citizen of New Hampshire. Lundquist objected and asked to amend his complaint to allege Florida citizenship. Lundquist owned property in both New Hampshire and Florida, but claimed that he used the New Hampshire home as a summer residence. However, Lundquist paid property taxes in New Hampshire, maintained a diver’s license and registered to vote there, and averred that he resided in New Hampshire in state filings for a corporation in which he was the sole director. Nevertheless, Lundquist said that he moved to Florida, opened bank accounts, obtained a driver’s license, filed his income taxes, became involved in social clubs, and his wife ran a farm there. The district court, largely based on Lundquist’s voter registration, determined that he resided in New Hampshire for diversity purposes. Lundquist appealed, arguing that the district court had applied the wrong standard by determining his “residence” rather than “domicile.”
Rule of Law
Holding and Reasoning (Per Curiam)
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