Comment On Case: Coury v. Prot, Fifth Circuit, June 19, 1996


In the case of Coury v. Prot, Circuit Judge Dennis concludes that the word "resides" as used in the Section 1, Clause 1 of the Fourteenth Amendment means "domiciled" in a State. This is shown to be wrong. In the Slaughterhouse Cases, the Supreme Court states that "resides" means a "bona fide residence" in a State.

Also, Judge Dennis conveys that there is only one state citizen for purposes of diversity of citizenship. This is also shown to be incorrect. There are two distinct state citizens for purposes of diversity of citizenship.

Comments are made on averments on citizenship for purposes of diversity of citizenship jurisdiction for a citizen of the United States, under Section 1, Clause 1 of the Fourteenth Amendment, and for a citizen of a State who is not a citizen of the United States, under Article IV, Section 2, Clause 1 of the Constitution of the United States of America.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dan Goodman | Attorney Advertising

Written by:


Dan Goodman on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.