Miller & Lux, Inc. v. East Side Canal & Irrigation Co., 211 U.S. 293 (1908) (No. 518)

Miller & Lux, Inc. v. East Side Canal & Irrigation Co., 211 U.S. 293 (1908) (No. 518)

Author: Supreme Court of the United States

Year: 1908

Case name: Miller & Lux, Inc. v. East Side Canal & Irrigation Co. Opinion filed: 1908-12-07 Docket No.: 518 Citations: • 211 U.S. 293 • 29 S. Ct. 111 • 53 L. Ed. 189 • 1908 U.S. LEXIS 1545 Case holding summaries: • finding that the transfer of interests was feigned because the newly-created, diverse corporation had no real interests in the matter, and the transferring corporation did not dissolve or cease to exist after creating the diverse corporation • Court determines existence Vel non of diversity jurisdiction by looking at real party in interest, not at collusively created formal party • holding a parent company cannot attempt to create federal diversity by assigning its claim to a subsidiary • holding that a California corporation could not “collusively” create federal diversity jurisdiction by forming a new Nevada corporation and transferring thereto the property at issue in the litiga- tion