Federal Procedure – Venue – Right of Alien Under Diversity of Citizenship Clause of 28 U.S.C. § 1391 (a)

Plaintiff, a citizen of France and resident of New York City, sought a declaratory judgment and restraining order against several defendants residing in different states. On the theory that a suit involving a citizen of France and citizens of the United States constituted “diversity of citizenship” under 28 U.S.C. § 1391 (a), and therefore could be brought where all of the plaintiffs or all of the defendants resided, the action was laid in the federal district court of New York where the plaintiff resided. Defendant moved for dismissal on the ground that this was “alienage,” not “diversity of citizenship” as intended under the code, and consequently the suit could not be brought in the district of the plaintiff’s residence. Held, motion sustained. By the words “diversity of citizenship” the legislature did not intend to change the old rule that aliens could sue only in the judicial district where all of the defendants resided. Because all of the defendants did not reside in the same district, several would have to be dropped or the case dismissed. Du Roure v. Alvord, (D.C. N.Y. 1954) 120 F. Supp. 166.