Ernest E. Pestana, Inc. v. Aloha Sanitary District
U.S. Court of Appeals for the Ninth Circuit
Ernest E. Pestana, Inc. v. Aloha Sanitary District, 437 F.2d 1357 (9th Cir. 1971)
Ernest E. Pestana, Inc. v. Aloha Sanitary District
Opinion of the Court
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.
Reference
- Full Case Name
- ERNEST E. PESTANA, INC. and Joe D. Miller, a Joint Venture of San Jose, California, and v. ALOHA SANITARY DISTRICT and Unified Sewerage Agency of Washington County, Oregon
- Status
- Published