Lowe

Lowe v. Manhattan Beach City School District of Los Angeles County

Good Law
222 F.2d 258
United States Court of Appeals for the Ninth CircuitApril 19, 1955No. 14369California554 words

Opinion

Lead Opinion

Stephens, J.

The plaintiff, Grace Lowe, appellant here, is a resident of Alaska, and claims in her action containing three related causes filed in the United States District Court that the Manhattan Beach City School District of Los Angeles County, State of California, and several individuals entered, without right, into and upon and took possession of certain real property to which she was entitled possession, depriving her of its rental value. She also claims that the defendants, ap-pellees here, wrongfully removed and converted to their own use, a building belonging to her which was on but not attached to the realty. And in her third cause of action she alleges the conversion of personal property.

Plaintiff-appellant bases her claim for the United States District Court’s jurisdiction upon diversity of citizenship and she prays an award in damages. The court, upon its own motion, dismissed the action for want of jurisdiction, specifically without adjudication of the merits. The court held:

We agree with this conclusion upon the ground that the state is not a citizen • and that the school district is a part of the government of the state. The court cited the following cases as supporting…

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