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Civil Procedure Keyed to Silberman
Carden v. Arkoma Associates
Facts
Arkoma Associates (Arkoma) (plaintiff) is an Arizona limited organization. Arkoma brought a breach of agreement dispute in the United States District Court for the Eastern District of Louisiana against C. Tom Carden and Leonard L. Limes (defendants), residents of Louisiana. Arkoma brought its suit in view of diversity jurisdiction. The defendants moved to dismiss, contending that diversity did not exist, since one of Arkoma's limited partners was a citizen of Louisiana. The district court denied the motion and issued a judgment for Arkoma. The defendants appealed, restoring their jurisdictional challenge. The United States Court of Appeals for the Fifth Circuit affirmed, finding that the citizenship of a limited partnership should be determined by the citizenship of the general partners, not by the citizenship of the limited partners.
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