Gerald D. Mann, Nancy L. Mann v. District of Columbia, a Government
Gerald D. MANN, Nancy L. Mann, Appellees, v. DISTRICT OF COLUMBIA, a Government, Appellant
Opinion
MEMORANDUM OPINION OF THE COURT BECKER, Circuit Judge.
This case involves an unopposed interlocutory appeal from an order of the United States District Court for the Western District of Pennsylvania denying a motion by the defendant, the District of Columbia, to waive local rules 1(e) and 1(f), which require participation by local counsel in proceedings before that court and in the submission of pleadings. A prior panel of this *751 court has determined that we have appellate jurisdiction over this order under Cohen v. Beneficial Finance Corp., 337 U.S. 541 , 69 S.Ct. 1221 , 93 L.Ed. 1528 (1949).
We decline to decide the validity of the challenged rules, for it is patent that the federal courts have no statutory (and possibly constitutional) subject matter jurisdiction over this personal injury case. The only conceivable basis of subject matter jurisdiction is diversity of citizenship.
See 28 U.S.C. § 1332 (1982). But, as Judge Richey has carefully observed in an opinion with which we agree entirely, the District of Columbia is not a citizen of a state for purposes of that section.
See District of Columbia v. L.B. Smith, Inc., 474 F.Supp. 894 (D.D.C.1979). Accordingly, we remand this case and direct the district court to dismiss the action for want of subject matter jurisdiction.
Costs taxed against appellees.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(concluding that District of Columbia did not qualify as a citizen for purposes of diversity of citizenship jurisdiction because § 1332(d) specified that the District of Columbia (like the.territory of the Virgin Islands)
Cited by 7 cases
View all citing references →Relies on it most ⓘ
- Barry Brown Jolie Stahl, as They Are Trustees of the Long Bay Trust v. Leo Francis, as He is the Commissioner of the Department of Public Works Delma G. Hodge, as She is the Commissioner of the Department of Property and Procurement of the Government of the Virgin Islands Government of the Virgin Islands of the United States of America (d.c
- Brown v. Francis
- District of Columbia v. Owens-Corning Fiberglas Corp.
- District of Columbia v. 2626 Naylor Road, S.E.
- Acord v. McLaughlin Construction Management Corp.
- District of Columbia v. All of Parcel of Land Identified in the District of Columbia as 2626 Naylor Road, S.E. Washington, D.C. 20020 square/lot 5633/0801
Most recent
- District of Columbia v. 2626 Naylor Road, S.E.
- District of Columbia v. All of Parcel of Land Identified in the District of Columbia as 2626 Naylor Road, S.E. Washington, D.C. 20020 square/lot 5633/0801
- Barry Brown Jolie Stahl, as They Are Trustees of the Long Bay Trust v. Leo Francis, as He is the Commissioner of the Department of Public Works Delma G. Hodge, as She is the Commissioner of the Department of Property and Procurement of the Government of the Virgin Islands Government of the Virgin Islands of the United States of America (d.c
- Brown v. Francis
- Klahr v. District of Columbia
- Acord v. McLaughlin Construction Management Corp.
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