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DUNLAP BY WELLS v. BUCHANAN

No. 83-2057.

741 F.2d 165 (1984)

Darin DUNLAP, a minor by his guardian of his person, Carolyn Sue WELLS, and by the guardian of his estate, Texas Commerce Bank of Arlington, v. Thomas L. BUCHANAN, M.D. and Thomas Buchanan, M.D., P.A.

United States Court of Appeals, Eighth Circuit.

Filed August 10, 1984.

Attorney(s) appearing for the Case

The McMath Law Firm, P.A., Little Rock, Ark., for appellant.

W.A. Eldredge, Jr., and Laura A. Hensley, Friday, Eldredge & Clark, Little Rock, Ark., for appellee.

Before BRIGHT, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether Darin Dunlap, who is eight years old and severely mentally retarded, is a citizen of Texas for the purpose of invoking diversity jurisdiction under 28 U.S.C. § 1332 (1982). The district court,1 567 F.Supp. 1435 (D.C.Ark. 1983), held that the move of Darin from Arkansas to Texas, where he was placed in a special care home, was not sufficient...

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