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CAREY v. U. S. INDUSTRIES, INC.

No. 75 C 4437.

414 F.Supp. 794 (1976)

Gerard V. CAREY et al., Plaintiffs, v. U. S. INDUSTRIES, INC., a Delaware Corporation, et al., Defendants.

United States District Court, N. D. Illinois, E. D.

April 6, 1976.

Attorney(s) appearing for the Case

Donald Page Moore, Michael H. King, of Antonow & Fink, Chicago, Ill., for plaintiffs.

Henry M. Schaffer, of Jenner & Block, N. A. Giambalvo, of Boodell, Sears, Sugrue, Giambalvo & Crowley, Chicago, Ill., for defendants.

MEMORANDUM DECISION

MARSHALL, District Judge.

The defendants' motion to dismiss this action for lack of subject matter jurisdiction presents a single issue: whether the citizenship of a business trust for the purposes of diversity is determined by the citizenship of its trustees or its individual shareholders. The plaintiffs, the trustees of First Pennsylvania Mortgage Trust, urge us to adopt the reasoning of...

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