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McCANN v. NEWMAN IRREVOCABLE TRUST

No. 052312.

458 F.3d 281 (2006)

Virginia McCANN, on behalf of the Estate of William E. McCann, Appellant v. The George W. NEWMAN IRREVOCABLE TRUST; The Bank of New York, as Trustee of the Irrevocable Trust of George W. Newman; Marc Joseph, as Trustee of the Irrevocable Trust of George W. Newman; Patricia J. Theryoung, as Trustee of the Irrevocable Trust of George W. Newman.

United States Court of Appeals, Third Circuit.

Filed August 16, 2006.

Attorney(s) appearing for the Case

George H. Parsells, Esquire, John P. Leonard, Esquire, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Morristown, NJ, Attorneys for Appellant.

Gary K. Wolinetz, Esquire, Jemi M. Goulian, Esquire, Greenbaum, Rowe, Smith & Davis LLP, Woodbridge, NJ, Attorneys for Appellees, The George W. Newman Irrevocable Trust and Marc Joseph, as Trustee of the Irrevocable Trust of George W. Newman.

Christopher J. Stracco, Esquire, Pitney Hardin LLP, Morristown, NJ, Attorney for Appellee, The Bank of New York, as Trustee of the Irrevocable Trust of George W. Newman.

Lori E. Grifa, Esquire, Joseph Tripodi, Esquire, Wolff & Samson PC, West Orange, NJ, Attorneys for Appellee, Patricia J. Theryoung, as Trustee of the Irrevocable Trust of George W. Newman.

Before SCIRICA, Chief Judge, NYGAARD and ALARCÓN, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) April 27, 2006.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this appeal from the District Court's final order granting defendants' motion to dismiss for lack of subject matter jurisdiction, the issue is whether plaintiff established diversity of citizenship based on a change of domicile. We will vacate and remand.

I.

A.

On July 6, 1990, George W. Newman established and...

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