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Diversity of Citizenship and Alienage

    Coury v. Prot

    United States Court of Appeals, Fifth Circuit, 1996.
    85 F.3d 244.

    DENNIS, CIRCUIT JUDGE.

    In this case David Coury, a citizen of California, sued Alain Prot, a dual citizen of the United States and France, in a Texas state court to recover for damages resulting from breach of contract and fraud. Prot removed the action to the federal district court pleading that he was a dual citizen of France and the United States domiciled in France and therefore entitled to remove this action under the alienage provision of diversity jurisdiction, 28 U.S.C. §1332(a)(2). * * * [T]he jury * * * returned a verdict awarding Coury $164,500 * * *.

    Prot appealed * * * contending * * * the district court lacked diversity jurisdiction under the alienage provision because * * * Prot was a dual citizen of the United States and France domiciled in France * * *.
    * * *

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