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Mas
v Perry
489 F 2d 1396 [1974]
Author:- Sam
Biers
Relevant
Facts: Mr Mas a citizen of France married Mrs. Mas at her home in
Miss. Prior to their marriage they were graduate assistants
for 1yr 9 mos @ Louisiana State University, Baton Rouge. They
remained in Baton Rouge for approx 2 more years, then they moved
to Illinois. They intended to return to Baton Rouge so Mr.
Mas could finish his studies. Upon their return after marriage
they rented an apartment from Perry a citizen of LA. The
Appellees discovered that their bedroom and bathroom contained
two-way mirrors and that they had been watched through them by
the appellant during the early month of their marriage.
Legal
Issue(s): Whether the appellees failed to prove diversity of
citizenship?
Court’s
Holding: The appellees proved diversity under 1332[a] (1) and
(2); a claim by an alien against a State citizen, and an action
between citizens of different States.
Procedure:
U S D Ct LA Jury verdict in favor of plaintiffs, and defendant
appealed; Ct App, Affirmed.
Law
or Rule(s): No party on one side may be a citizen of the same
State as any party on the other side for complete
diversity. Citizenship means domicile; mere residence in
that State is not sufficient.
Court
Rationale: A person’s domicile is the place of ‘true,
fixed, and permanent home and principal establishment, and to
which he has the intention of returning whenever he is absent
therefrom.’ A change in domicile may be effect by a)
taking up residence in a different domicile and b) with the
intention to remain there. A woman does not have her domicile or
State citizenship changed solely by reason of her marriage to an
alien. Mr. and Mrs. Mas were in LA only as students and lacked
the requisite intention to remain there. Until she acquires
a new domicile, she remains a citizen of MS.
Plaintiff’s
Argument: Neither Pls are citizens of LA, as both were only
residents to attend school with no intent on remaining after
their studies were concluded.
Defendant’s Argument: Mr Mas is an alien and citizen of
France, while Mrs. Mas is either a citizen of France by marriage
or a citizen of LA by residing therein for over two years.
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