ALTSMAN ET AL.

v.

TEXAS

Citator

Cited By (23 total)

• McCORMICK v. Aderholt, 293 F.3d 1254 (11th Cir. 2002)
  …person’s domicile is the place of ‘his true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom....’” Mas v. Perry, 489 F. 2d 1396, 1399 (5th Cir.1974), cert. denied, 419 U.S. 842, 95 S.Ct. 74, 42 L.Ed.2d 70 (1974) (quoting Stine v. Moore, 213 F. 2d 446, 448 (5th Cir.1954)). Furthermore, a change of domicile requires “[a] concurrent showing of (1) physical presence at the new location with (2) an intention to remain there in…
• Oreck Corp. v. Whirlpool Corp. & Sears, 579 F.2d 126 (2d Cir. 1978)
  …. g., Quality Mercury, Inc. v. Ford Motor Co., supra; Elder-Beerman Stores Corp. v. Federated Dept. Stores, Inc., 459 F. 2d 138 (6th Cir. 1972); Alpha Distributing Co. of Calif. v. Jack Daniel Distillery, 454 F. 2d 442 (9th Cir. 1972), cert. denied, 419 U.S. 842, 95 S.Ct. 74, 42 L.Ed.2d 70 (1974); Packard Motor Car Co. v. Webster Motor Car Co., supra; on the ground that Sears did not replace Oreck as the distributor of “Whirlpool” vacuum cleaners; and, therefore, competition of both an interbrand and intrab…
• Carlton v. Baww, Inc., 751 F.2d 781 (5th Cir. 1985)
  …jurisdiction over a diversity action which was well founded at the outset even though one of the parties may later change domicile or the amount recovered falls short of $10,000.”); Mas v. Perry, 489 F. 2d 1396, 1399 (5th Cir.) (same), cert. denied, 419 U.S. 842, 95 S.Ct. 74, 42 L.Ed.2d 70 (1974). This rule is not limited, however, to cases involving an existing plaintiff or defendant who changes domicile while the lawsuit is pending; under certain circumstances, non-diverse parties may be joined after co…