Tanzymore v. Bethlehem Steel Corp.
|Tanzymore v. Bethlehem Steel Corp.|
|Court||U.S. Court of Appeals, 3rd Circuit|
|Citation||457 F.2d 1320 (3d Cir. 1972)|
|Date decided||March 29, 1972|
|Appealed from||U.S.D.C., Eastern District of Pennsylvania|
Tanzymore filed a complaint in the federal court seeking damages for personal injuries against a Pennsylvania company. Depositions were taken, and while the complaint alleged Tanzymore was an Ohio domiciliary, nothing in the deposition was consistent with this assertion.
Whether a hearing is required to determine domiciliary residence, or whether the burden of supporting the allegations is on the plaintiff.
A hearing is not required so long as the court has afforded the plaintiff notice and a fair opportunity to be heard.When the jurisdictional allegations are traversed, the plaintiff has the burden of supporting those allegations.