Tanzymore v. Bethlehem Steel Corp.
United States Court of Appeals for the Third Circuit
457 F.2d 1320 (3d Cir. 1972)
Tanzymore (plaintiff) filed a personal injury suit against Bethlehem Steel Corporation (Bethlehem) (defendant) in district court. Tanzymore claimed to be a domiciliary of Ohio for the purposes of diversity jurisdiction; however, neither his deposition testimony nor his filings with the court provided any evidence that Tanzymore had a permanent residence in Ohio. In fact, the bulk of the evidence suggested that Tanzymore was domiciled in Pennsylvania. The district court dismissed his complaint for lack of diversity jurisdiction, and Tanzymore appealed.
Rule of Law
Holding and Reasoning (Gibbons, C.J.)