Donald W. Eldridge v. Richfield Oil Corporation, a Corporation

In 1958, Congress amended 28 U.S.C. § 1332 by adding Section (c):

Appellant’s counsel, unaware of the amendment, sought to invoke jurisdiction of the Federal District Court on the ground that diversity of citizenship existed between appellant and appellee, by filing a complaint for bodily injury damage in which it was alleged that plaintiff was and is a citizen of California; de-. fendant Richfield was and is a corporation, incorporated under the laws of Delaware, and having and maintaining its principal place of business in Los Angeles, California; that said defendant was and is licensed to do business in the Southern District of California, Central Division; and that Los Angeles is the residence of the plaintiff for venue purposes.

Appellee’s counsel, likewise unaware of the amendment, filed an answer admitting the foregoing allegations. Said allegations were incorporated in the pretrial order.

When counsel for appellee became aware of the amendment, appellee moved to dismiss appellant’s complaint for lack of diversity.

It conclusively appears that appellant is a citizen and resident of California, and that appellee is a Delaware corpora-' tion with its principal place of…