United States Third Circuit
Emerald Investors Trust v. Gaunt Parsippany Partners, 05-3706, 05-4134
In the context of a diversity of citizenship jurisdiction inquiry, the citizenship of both the trustee and the beneficiary should control in determining the citizenship of a trust. In an action seeking recovery on two unpaid promissory notes and foreclosure of the mortgages securing the notes, a judgment and orders in the action are vacated and remanded for further proceedings where the court of appeals could not determine if the district court had diversity of citizenship jurisdiction, and there was no other basis for it to have exercised jurisdiction.
Appellate Information
- Argued 11/08/2006
- Decided 06/13/2007
- Published 06/13/2007
Judges
- Before: SLOVITER, CHAGARES, and GREENBERG, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellees:
- W. James Cousins (argued), McGowan & Cousins, Litchfield, CT, Attorneys for Appellants in No. 05-3706 and Appellees in No. 05-4134., Kenneth L. Leiby, Jr. (argued), Richard J. Shackleton, Shackleton & Hazeltine, Millburn, NJ, Attorneys for Appellant in No. 05-4134 and Appellee in No. 05-3706.