DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043253P.pdf 08/24/2005 Michael Altimore v. Mount Mercy College
U.S. Court of Appeals Case No: 04-3253
Northern District of Iowa
[PUBLISHED] [Riley, Author, with Bowman and Benton, Circuit
Judges]
Civil Case - diversity - breach of contract. District court's denial of
motion to remand removed diversity action to state court was proper, as
objective evidence supports that professor was citizen of Pennsylvania:
he resided, taught, voted, banked, possessed drivers licence, paid taxes,
and listed his address as residing in Pennsylvania. Leaving papers in
office in Iowa was insufficient to show intent to be Iowa citizen. Thus,
diversity of citizenship existed. Grant of summary judgment on breach of
contract claim was proper, as record supported that professor resigned his
position.