Ernest E. Pestana, Inc. v. Aloha Sanitary District

Ninth Circuit

Ernest E. Pestana, Inc. v. Aloha Sanitary District

437 F.2d 1357

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 17, 1971

DocketNo. 26092

StatusPublished

This text of 437 F.2d 1357 (Ernest E. Pestana, Inc. v. Aloha Sanitary District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ernest E. Pestana, Inc. v. Aloha Sanitary District, 437 F.2d 1357 (9th Cir. 1971).

Pincite

Opinion

PER CURIAM:

Pestaña, Inc., is a citizen of California and Aloha and Unified are citizens of Oregon. On this interlocutory appeal (28 U.S.C. § 1292) the sole issue involves the citizenship of plaintiff-ap-pellee Joe D. Miller. Pestaña and Miller assert a claim as joint venturers against Aloha and Unified.

In the district court Miller contended, as he must to sustain jurisdiction, that he was a citizen of California, and Aloha and Unified offered proof that he was a citizen of Oregon.

We reverse the district court’s finding and order holding Miller to be a citizen of California, holding the determination to be clearly erroneous.

Reversed and remanded.

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