BILLS TO CURTAIL OR ABOLISH DIVERSITY OF CITIZENSHIP JURISDICTION 95TH CONGRESS 1ST SESSION H. R. 761 IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 1977 Mr. BENNETT introduced the following bill; which was referred to the Committee on the Judiciary A BILL To abolish diversity of citizenship as a basis of jurisdiction of Federal district courts, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That title 28, United States Code, is amended by striking 4 out section 1332 and 1335. 5 SEC. 2. Paragraph (1) of section 1342 of title 28, 6 United States Code, is amended by striking out "diversity of 7 citizenship or". 8 SEC. 3. (a) Subsection (a) of section 1391 of title 28, 9 United States Code, is amended to read as follows: 10 "(a) A civil action may be brought only in the judicial 2 1 district where all defendants reside, or in which the claim 2 arose, except as otherwise provided by law.". 3 (b) Section 1391 of such title 28 is amended by striking 4 out subsection (b) and redesignating subsections (c), (d), 5 and (e) as subsections (b), (c), and (d), respectively. 6 SEC. 4. Section 1441 of title 28, United States Code, is 7 amended by striking out subsection (b) and redesignating 8 subsection (c) as subsection (b). 9 SEC. 5. The table of sections for chapter 85 of title 28, 10 United States Code, is amended by striking out the items 11 relating to sections 1332 and 1335. 12 SEC. 6. The amendments made by this Act shall apply 13 to actions commenced after the date of enactment of this 14 Act. 95TH CONGRESS 1ST SESSION H. R. 5546 IN THE HOUSE OF REPRESENTATIVES MARCH 23, 1977 Mr. WIGGINS (for himself, Mr. DRINAN, Mr. McCLORY, Mr. RAILSBACK, Mr. BUTLER, and Mr. BENNETT) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a reduction in general diversity of citizenship jurisdiction, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That part IV of title 28, United States Code is amended 4 by inserting the following new chapter: 5 "Chapter 84.-DISTRICT COURTS: GENERAL DIVER 6 "Sec. SITY OF CITIZENSHIP JURISDICTION "1301. General diversity of citizenship jurisdiction; amount in contro versy; costs. "1302. General diversity of citizenship jurisdiction; exceptions. "1303. Venue in original actions under general diversity of citizenship jurisdiction. "1304. General diversity of citizenship jurisdiction; removal of actions brought in State courts. 2 "Sec. "1305. Change of venue on motion of defendant in actions under general diversity of citizenship jurisdiction; stay. "1306. Change of venue on motion of plaintiff in actions under general diversity of citizenship jurisdiction; dismissal or transfer for improper venue. "1307. Parties joined or made with a purpose of invoking or defeating Federal jurisdiction. 1 "§ 1301. General diversity of citizenship jurisdiction; 2 3 amount in controversy; costs "(a) Except as provided in section 1302 of this title, the 4 district courts shall have jurisdiction, originally or on re 5 moval, of any civil action between 6 7 8 9 10 11. "(1) citizens of different States; "(2) citizens of a State, and foreign states or citi zens or subjects thereof; or "(3) citizens of different States and in which for eign states or citizens or subjects thereof are additional parties; 12 if the matter in controversy exceeds the sum or value of 13/$25,000, exclusive of interest and costs: Provided, That 14 when the sufficiency of the amount in controversy is put in 15 issue, the court shall dismiss the action for lack of jurisdic16 tion unless it determines after hearing without jury, upon 17 affidavit or otherwise, that there is a reasonable probability 18 of recovery in excess of the sum or value of $25,000, exclu19 sive of interest and costs. 20 "(b) For the purposes of this section and section 1302 21 of this title 3 "(1) A corporation shall be deemed a citizen of every State and foreign state by which it has been in corporated and of the State or foreign state where it has its principal place of business. "(2) A partnership or other unincorporated association capable of suing or being sued as an entity in the State in which an action is brought shall be deemed a citizen of the State or foreign state where it has its principal place of business, whether such action is brought by or against such partnership or other unincorporated association or by or against any person as an agent or representative thereof. "(3) In any direct action by a person other than the insured against the insurer on a policy or contraët of liability insurance, such insurer, whether incorporated or unincorporated, shall be deemed a citizen of the State of which the insured is a citizen, as well as of every State and foreign state by which the insurer has been incorporated and of the State or foreign state where it has its principal place of business. "(4) An executor, or an administrator, or any person representing the estate of a decedent or appointed pursuant to statute with authority to bring an action because of the death of a decedent shall be deemed to be a citizen only of the same State as the decedent; |