Plaintiff, a citizen of New Jersey, commenced a personal injury action in the federal district court for the Southern District of New York against American Express Company, an unincorporated joint stock association organized under New York laws. Jurisdiction was alleged solely on the basis of diversity of citizenship. The district court held that the defendant association was itself incapable of being a citizen and, since some member shareholders were shown to be citizens of plaintiff's state, the complaint was dismissed for lack of total diversity.' On appeal to the Court of Appeals for the Second Circuit, reversed. Held: An unincorporated New York joint stock association may possess sufficient characteristics of a legal entity to be treated as a "citizen" of New York for purposes of federal diversity jurisdiction. Mason v. American Express Co., 334 F.2d 392 (2d Cir. 1964).
Unincorporated Association—A Legal Entity for Purposes of Diversity Jurisdiction,
Wash. L. & Rev.
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