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

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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.

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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.

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