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Authors

Marian Burnbaum

Abstract

Article discusses the Uniform Limited Partnership Act (ULPA) which removed the ability of limited partners to sue or be sued upon partnership rights and how federal courts have different approaches for determining a limited partnerships citizenship under the Federal Rule of Civil Procedure 17(b). One approach applies the common law citizenship rule for unincorporated associations which makes the limited partnership a citizen of every state in which any general or limited partner resides. The alternative method first utilizes Rule 17(b) which directs the court to state law in the location of proper parties to the action where the court may find that general partners alone have standing to sue in the name of the limited partnership because limited partners are generally not proper parties. Article describe the changes in the law which gave rise to the two methods currently used to derive the citizenship of limited partnerships.

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