Mas v. Perry

489 F.2d 1396 · Court of Appeals for the Fifth Circuit · 1974

Facts

Jean Paul Mas (French citizen) and Judy Mas (Mississippi citizen) were graduate students in Louisiana when they rented an apartment from Oliver H. Perry (Louisiana citizen). Perry secretly watched them through two-way mirrors, leading them to sue him for damages. Perry challenged federal diversity jurisdiction, arguing Mrs. Mas lacked diversity and Mr. Mas's claim did not meet the jurisdictional amount.

Issue

Did the federal court have diversity jurisdiction over the claims, specifically whether Mrs. Mas retained her Mississippi domicile despite living in Louisiana with her alien husband, and if Mr. Mas's claim met the amount in controversy requirement?

Holding

Yes, the federal court properly exercised diversity jurisdiction. Mrs. Mas remained a Mississippi citizen because she lacked intent to establish domicile in Louisiana, and Mr. Mas's claim met the jurisdictional amount based on his good faith pleading.

Rule

Domicile for diversity requires residence and intent to remain indefinitely; a wife's domicile is not automatically that of her alien husband. The amount in controversy is determined by the plaintiff's good faith claim, and a lower judgment does not defeat jurisdiction unless it was clear to a legal certainty the claim was for less.

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Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.