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ALSTON v. NATIONAL UNION FIRE INSURANCE COMPANY

United States District Court, Southern District of New York


April 22, 2003

NORMAN ALSTON, ET AL., PLAINTIFFS, AGAINST NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

ORDER

The amended complaint filing in response to the Court's order of April 8, 2003, like the original, fails adequately to allege complete diversity of citizenship. It does not allege the citizenship — as opposed to residence — of the individual plaintiff and does not allege the location of the principal place of business, and therefore the citizenship, see 28 U.S.C. § 1332(c), of plaintiff Pembroke Calox, Inc. Nor does it allege the citizenship of the limited partnership defendant, which is deemed a citizen of every state of which any of its partners, general or limited, is a citizen. In view of the prior failure to cure the jurisdictional problems, the action therefore is dismissed for lack of subject matter jurisdiction.

SO ORDERED.

20030422

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