Tanzymore v. Bethlehem Steel Corp.
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| 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 |
Facts:
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.
Issues
Whether a hearing is required to determine domiciliary residence, or whether the burden of supporting the allegations is on the plaintiff.
Holding/Decision
Complaint dismissed.
Rules
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.
