Starns v. Success Portrait Co.

DARR, District Judge.

The defendant has submitted a motion seeking a dismissal of the suit on the grounds that the amount actually in controversy is less that $3,000, exclusive of interest and costs.

This motion is an appropriate manner to challenge the allegations of jurisdictional facts. Federal Rules of Civil Procedure, rule 12(b) (1), 28 U.S.C.A. following section 723c.

The jurisdictional facts being challenged in an appropriate manner, the plaintiff must support them by competent proof. McNutt v. General Motors Acceptance Corporation, 298 U.S. 178, 186, 56 S.Ct. 780, 80 L.Ed. 1135; KVOS v.…