Whitelock v. Leatherman’s Empirical Analysis
460 F.2d 507 · 1972
Citation profile
16 federal appellate · 14 district ·
How this case has been cited
Cited by 56 later decisions — most recently May 2018 · most notably Rivera-Gomez v. de Castro (1988), Minker v. Baltimore Annual Conference of United Methodist Church (1990)
16 federal appellate · 14 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1653 · 28 U.S.C. § 294
Relies on McNutt v. General Motors Acceptance Corp. · Willingham v. Morgan · Clark v. Paul Gray, Inc. · United States v. Corrick · Antoinette Kinney v. Columbia Savings Loan Association
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“allegations of mere 'residence' may not be equated with 'citizenship' for purposes of establishing diversity”
2 later decisions quote this exact passage“[This court's decision in Kelleam v. Maryland Casualty Co., 112 F.2d 940 (10th Cir.1940), rev’d on other grounds, 312 U.S. 377 , 61 S.Ct. 595 , 85 L.Ed. 899 (1941)], while expressly recognizing that an allegation that a party defendant is a resident of a state is not equivalent to an allegation of citizenship and is insufficient to confer jurisdiction upon the District Court, indicates under certain circumstances that proof that a person is a resident of a state may prima facie indicate that he is a citizen of that state. See also Walden v. Broce Construction Company, 357 F.2d 242 (10th Cir.1966). Jurisdiction in Kelleam was sustained notwithstanding failure of the complaint properly to allege the citizenship of the parties because of a finding by the trial court after hearing that diversity of citizenship actually existed. The allegations of residence rather than citizenship were treated in effect as amended to conform to proof. Cf. Willingham v. Morgan, 395 U.S. 402 , 407, 89 S.Ct. 1813 , 23 L.Ed.2d 396 (1969). In the case at bar there was neither proof nor finding of diversity of citizenship; only the general conclusion that the court had jurisdiction, which Mitchell v. Parham, 357 F.2d 723 (10th Cir.1966), teaches is insufficient.”
1 later decision quote this exact passage“A federal court's jurisdiction must clearly appear from the face of the complaint or removal petition.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.