United States Court of Appeals for the Eighth Circuit
967 F.2d 1214 (8th Cir. 1992)
In 1991, John D. Sheehan (plaintiff) sued Deil O. Gustafson (defendant) for breach of contract in a federal court in Minnesota under its diversity jurisdiction. At the time of filing, Sheehan was a citizen of Nevada. Gustafson moved to dismiss, arguing that there was no diversity of citizenship, because he was also a citizen of Nevada. Gustafson had previously been a citizen of Minnesota. In 1973, Gustafson moved to Nevada. From 1984–1987, Gustafson was incarcerated in Minnesota. The district court found that, as of 1991, Gustafson maintained business contacts, bank and investment accounts, and business addresses in Minnesota. The district court also found that, as of 1991, Gustafson’s license, registration, tax returns, voter registration, and passport all reflected his Nevada address, which he used as his permanent address. Gustafson’s will, which was drafted in 1989, stated he was domiciled in Clark County, Nevada. Gustafson was also in the process of constructing a new home on his ranch in Nevada. The district court found that these facts showed Gustafson was domiciled in Nevada and granted Gustafson’s motion to dismiss. Sheehan appealed.
Rule of Law
Holding and Reasoning (Arnold, J.)
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