Mas v. Perry Case Brief

Summary of Mas v. Perry
489 F 2d 1396 [1974]

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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