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Baker v. Keck

United States District Court for the Eastern District of Illinois

13 F.Supp. 486 (1936)

Relevant factsFree

After being shot by members of the Progressive Miners of America, Baker (plaintiff) and his family moved from their Illinois farm to Oklahoma, bringing nearly all their possessions, registering to vote, and doing unpaid community work there. Baker then sued various individuals and the union as an Oklahoma citizen in federal court based on diversity jurisdiction; the defendants (including Keck) moved to dismiss, arguing Baker remained domiciled in Illinois, pointing to witness testimony that Baker had told people he planned to return to Illinois once the case settled.

IssueFree

Whether a person has changed domicile for diversity-jurisdiction purposes when he physically relocates and testifies to a present intent to make the new state his home, even though he made statements suggesting he might return to his former state and even if the move was partly motivated by litigation strategy.

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