052320P.pdf   01/30/2006  Julie Steinlage  v.  Mayo Clinic
   U.S. Court of Appeals Case No:  05-2320
   District of Minnesota   
   [PUBLISHED] [Melloy, Author, with Wollman and Fagg, Circuit Judges]
   Civil case - civil procedure. District court erred in dismissing this
   wrongful death action on the ground that 28 U.S.C. Sec. 1332(c)(2)
   required the court to impute the decedent's Minnesota citizenship to
   plaintiff, a Nevada resident, for diversity purposes; a Minnesota wrongful
   death trustee is a representative of a decedent's surviving spouse, next of
   kin and certain enumerated creditors, but not a representative of the 
   decedent's estate as required by the plain language of Sec. 1332(c)(2);
   accordingly, a Minnesota wrongful death trustee's own state of
   citizenship controls for purposes of diversity jurisdiction.