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GALVA FOUNDRY CO. v. HEIDEN

No. 90-1468.

924 F.2d 729 (1991)

GALVA FOUNDRY COMPANY, Plaintiff-Appellant, v. Ray F. HEIDEN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1991.

Attorney(s) appearing for the Case

James R. Morrin, Wildman, Harrold, Allen & Dixon, Chicago, Ill., James E. Konsky, Vonachen, Lawless, Trager & Slevin, Peoria, Ill., for plaintiff-appellant.

Dean B. Rhoads, Edwin L. Durham, Sutkowski & Washkuhn, Peoria, Ill., for defendant-appellee.

Before CUMMINGS, POSNER, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

The district judge dismissed this case for want of diversity jurisdiction because he concluded that on the day the complaint had been filed, the defendant, Ray Heiden, was a citizen of Illinois — a state of which the plaintiff, Galva Foundry, is unquestionably a citizen for diversity purposes (it is incorporated in Illinois). This conclusion must stand unless clearly erroneous. Lew v. Moss, 797 F.2d 747

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