BELLE VIEW APARTMENTS v. REALTY ReFUND TRUST

No. 78-1623.

602 F.2d 668 (1979)

BELLE VIEW APARTMENTS et al., Appellees, v. REALTY ReFUND TRUST, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1979.


Attorney(s) appearing for the Case

Robert S. Hall, Jr., Washington, D.C. (Jennifer Waters Hitt, Jones, Day, Reavis & Pogue, Washington, D.C., Burke, Haber & Berick, Cleveland, Ohio, on brief), for appellant.

James Bruce Davis, Washington, D.C. (Charles A. Trainum, Jr., Richard S. Arfa, Glassie, Pewett, Beebe & Shanks, Washington, D.C., on brief), for appellees.

Before WINTER, RUSSELL and HALL, Circuit Judges.


WINTER, Circuit Judge:

Although the appealing defendant initially sought to raise many other issues, we view this appeal as presenting the principal question of whether, for purposes of diversity jurisdiction under 28 U.S.C. § 1332, an unincorporated real estate investment trust is to be treated as a corporation. We answer that question in the negative and hold that a real estate investment trust is to be considered, under § 1332, a citizen of every state...

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