## Facts

- Thomas Gregg, Jr. sued Louisiana Power & Light Co. (a Louisiana citizen) in federal court for personal injuries from contact with a high-voltage transmission line.
- Gregg invoked diversity jurisdiction under 28 U.S.C. § 1332; it was undisputed he was not a Louisiana citizen.
- Gregg was born in Kentucky to parents who moved frequently for work; his father worked as a painter and the family lived in multiple states.
- Gregg submitted affidavits stating Michigan was the family’s “real home” and describing ties there (schooling, family, friends).
- Gregg’s father also averred that at the time of Gregg’s birth his home was Louisville, Kentucky, and he intended to remain in Kentucky with no fixed intention to leave.
- The defendant moved to dismiss, arguing Gregg acquired no domicile at birth and later acquired none by choice, making him a citizen of no state for diversity purposes.
- The district court dismissed for lack of subject-matter jurisdiction, concluding Gregg failed to prove Kentucky domicile by birth or Michigan domicile by choice.

## Issues

1. Whether a U.S. citizen born in a state to migratory parents acquires domicile (state citizenship) in the state of birth for diversity jurisdiction purposes.
2. Whether a person can lose a birth domicile without acquiring a new domicile, becoming a citizen of no state for 28 U.S.C. § 1332.
3. Whether the district court correctly allocated and applied the burden and rules governing proof of domicile.

## Decision

- The Fifth Circuit reversed the dismissal and remanded.
- The court held Gregg acquired Kentucky domicile at birth and retained it absent proof of a new domicile.
- Because Gregg remained a Kentucky citizen and the defendant was a Louisiana citizen, complete diversity existed.

## Legal Principles

- For 28 U.S.C. § 1332, “citizenship” means “domicile,” not mere residence.
- A person is presumptively domiciled in the state of birth “unless and until” a new domicile is acquired.
- Domicile requires physical presence plus intent to remain indefinitely (or no fixed intention to leave).
- An established domicile continues until a new domicile is both established in fact and intended as the person’s home; travel or repeated moves do not alone terminate domicile.
- The party invoking federal jurisdiction bears the burden to prove diversity by a preponderance of the evidence, but courts must apply the presumption and continuity rules governing domicile.

## Conclusion

The Fifth Circuit reinstated the action, holding that Gregg’s Kentucky domicile at birth was established and persisted because the record did not show a replacement domicile; accordingly, diversity jurisdiction existed against the Louisiana defendant, and the case was remanded for proceedings on the merits.


Gregg v. La. Power & Light Co., 626 F.2d 1315 (5th Cir. 1980)