Legal Opinion

Nickelson v. Nestles Milk Products Corporation

Court of Appeals for the Fifth Circuit

Decided November 8, 1939No. 9208PublishedCited by 16 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

This is an action for damages filed in the state court by appellant, Willie Nickel-son, against the appellees, Nestles Milk Products Corporation and Swift & Company. The case was removed to the federal court, a motion to remand overruled, and, on motion of the defendants in the court below, a summary judgment was rendered against the plaintiff.

The question of jurisdiction demands our first consideration. Diversity of citizenship sufficient to warrant removal is clear and conceded, but it is contended that the requisite amount in controversy is lacking. Appellant seeks to…

2Cases cited16 opinions

  1. Pullman Co. v. JenkinsSupreme Court of the United States · 1939
  2. Barry v. EdmundsSupreme Court of the United States · 1886
  3. Scott v. DonaldSupreme Court of the United States · 1897
  4. Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
  5. Kanouse v. MartinSupreme Court of the United States · 1854

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3Cited by16 opinions

  1. Parmelee v. Chicago Eye Shield Co.Court of Appeals for the Eighth Circuit · 1946
  2. Home Ins. Co. of New York v. TrotterCourt of Appeals for the Eighth Circuit · 1942
  3. Minsky's Follies of Florida, Inc. v. SennesCourt of Appeals for the Fifth Circuit · 1953
  4. Pearson v. National Soc. Of Public AccountantsCourt of Appeals for the Fifth Circuit · 1953
  5. United States v. Newbury Mfg. Co.District Court, D. Massachusetts · 1941

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