INDEPENDENCE MTG. TRUST v. WHITE

No. 75-938-E.

446 F.Supp. 120 (1978)

INDEPENDENCE MORTGAGE TRUST, formerly known as USF Investors, a Georgia business trust, by and through its Trustees, Frank J. Hermann, Roger S. Hillas, Stanley H. McCalla, James L. Starnes, and John H. Webster, III, Plaintiffs, v. Wilton A. WHITE, Sr., Thompson E. White, Richard D. Walker, and Pacific Empire Industries, Inc., Defendants.

United States District Court, D. Oregon.

February 17, 1978.


Attorney(s) appearing for the Case

Fred B. Miller, Brown, Hansen & Steenson, P. C., Portland, Or., for plaintiffs.

Frank R. Alley, III, William H. Fowler, Heffernan & Fowler, Medford, Or., for defendant Wilton A. White, Sr.


OPINION

SKOPIL, District Judge:

Introduction

Two questions of law are presently before me for decision. First, what is the citizenship, for purposes of diversity jurisdiction, of a real estate investment trust ("REIT")? I hold that the citizenship of a REIT is that of each and every state in which any beneficiary or shareholder1 is a citizen. Second, may a district...

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