Page:United States Reports 546.pdf/305

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546US1

94

Unit: $U10

[09-04-08 12:14:58] PAGES PGT: OPIN

LINCOLN PROPERTY CO. v. ROCHE Opinion of the Court

estate . . . shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an in­ fant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent.” Congress has also provided that in direct action suits against insurers to which the insured is not made a party, the “insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incor­ porated and of the State where it has its principal place of business.” § 1332(c)(1). But Congress surely has not directed that a corporation, for diversity-of-citizenship purposes, shall be deemed to have acquired the citizenship of all or any of its affiliates. For cases of the kind the Roches have instituted, Congress has provided simply and only this instruction: “[A] corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business.” Ibid. The jurisdictional rule governing here is unambiguous and it is not amenable to judicial en­ largement. Under § 1332(c)(1), Lincoln is a citizen of Texas alone, and under § 1441(a) and (b), this case was properly removed.

The Roches sued the entity they thought responsible for managing their apartment. Lincoln affirmed that it was so responsible. Complete diversity existed. The potential lia­ bility of other parties was a matter plaintiffs’ counsel might have assiduously explored through discovery devices. It was not incumbent on Lincoln to propose as additional de­ fendants persons the Roches, as masters of their complaint, permissively might have joined. For the reasons stated, the judgment of the United States Court of Appeals for the Fourth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered.