Partnership for venue purposes Forum

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Cemoore4

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Partnership for venue purposes

Post by Cemoore4 » Tue May 03, 2011 10:06 pm

On my practice exam, I assumed that a partnership for venue was treated the same as a partnership for diversity. My prof's comment is "How is a partnership treated for purposes of venue?"

I am guessing this means that partnerships are treated like corporations for venue? If so, where is this located because 1391 says nothing about partnerships.

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I.P. Daly

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Re: Partnership for venue purposes

Post by I.P. Daly » Tue May 03, 2011 11:00 pm

This is very general, but, the proper venue for a partnership is generally domicile or residence. However a partnership may not truly have a residence or domicile so that the only meaningful test for venue with respect to a partnership is the district in which it has its principal place of business or its principal assets. For a partnership which has ceased functioning, venue may be proper in the district where the wind-down effort is occurring.

BeenDidThat

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Re: Partnership for venue purposes

Post by BeenDidThat » Wed May 04, 2011 1:02 am

Any place in which a partner resides.

EDIT: This might be for personal jdx & not venue...sorry CivPro was last semester.

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PKSebben

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Re: Partnership for venue purposes

Post by PKSebben » Wed May 04, 2011 1:04 am

I.P. Daly wrote:This is very general, but, the proper venue for a partnership is generally domicile or residence. However a partnership may not truly have a residence or domicile so that the only meaningful test for venue with respect to a partnership is the district in which it has its principal place of business or its principal assets. For a partnership which has ceased functioning, venue may be proper in the district where the wind-down effort is occurring.
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