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Walker v. Norwest Corp.

United States Court of Appeals for the Eighth Circuit
108 F.3d 158 (8th Cir 1996)


Facts

The district court awarded sanctions against Massey, the Walkers’ attorney (plaintiff), for not only failing to plead complete diversity of citizenship but for actually pleading facts indicating there was not complete diversity of citizenship between the parties. The complaint that Massey filed asserted diversity jurisdiction since “the Plaintiff and some of the Defendants are citizens of different states.” The plaintiffs were citizens of South Dakota. Norwest (defendant) was a Minnesota corporation, and the complaint stated that many of the other defendants were South Dakota corporations.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Gibson, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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