Mas v. Perry
United States Court of Appeals for the Fifth Circuit
489 F.2d 1396 (5th Cir. 1974)
Relevant factsFree
Mr. and Mrs. Mas (plaintiffs), graduate students at LSU, married in Mrs. Mas's home state of Mississippi before living in Louisiana, then Illinois for about four months, then back in Louisiana, where their landlord Perry (defendant) secretly watched them through a two-way bedroom mirror. They sued Perry in federal court in Louisiana; Perry challenged diversity jurisdiction, arguing Mrs. Mas wasn't diverse from him, and the district court held she remained a Mississippi domiciliary. Perry appealed.
IssueFree
Whether a party who currently resides in one state, but does not intend to stay in that state, is domiciled there for purposes of diversity jurisdiction.