Civil Procedure Keyed to Yeazell
Walker v. Norwest Corp.
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In a dispute over Jimmy Lee Walker, III’s trust fund, his guardian, Cynthia Walker and their attorney James Harrison Massey appeal from the district court’s award of sanctions against Massey for filing a diversity case in which he failed to plead complete diversity of citizenship and pleaded facts which tended to show there was not complete diversity. Mr. Massey had not alleged a citizenship for many of the defendants and did not identify which defendants should be dismissed to create diversity jurisdiction. Upon receiving the complaint the attorney for Norwest Corporation informs Mr. Massey that his complaint showed on its face that there was no diversity jurisdiction and asked him to dismiss or face sanctions. Massey did not dismiss and merely acknowledged Norwest’s correspondence.
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