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BANKSTON v. BURCH

No. 93-1596.

27 F.3d 164 (1994)

James G. BANKSTON, Independent Executor of the Estate of W.O. Bankston, substituted in place and stead of W.O. Bankston, deceased, Plaintiff-Appellee, v. William L. BURCH, Individually and as general partner of The Kona Hills Estates, a Hawaii Limited Partnership, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 29, 1994.

Attorney(s) appearing for the Case

David Schulmeister, Cades, Schutte, Fleming & Wright, Honolulu, HI, for appellant.

Sim David Israeloff, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, for appellee.

Before WISDOM and JONES, Circuit Judges, and COBB, District Judge.

WISDOM, Circuit Judge:

The general partner of a limited partnership appeals from the district court's judgment in a derivative lawsuit brought by a limited partner. Because the claims the limited partner pleaded derive from the partnership's rights, the partnership's citizenship must be considered in determining whether federal diversity jurisdiction exists. When the partnership's citizenship is taken into account, there is...

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