U.S. Court of Appeals for the Ninth Circuit, 1971

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

Ernest E. Pestana, Inc. v. Aloha Sanitary District
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 1971
437 F.2d 1357 (Federal Reporter, Second Series)

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

Opinion of the Court

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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