Kizer v. Finance America Credit Corp.

MEMORANDUM OF DECISION

KEADY, Chief Judge.

The court has before it the motion of defendant Finance America Credit Corporation (FACC) to dismiss for lack of subject matter jurisdiction. FACC also contends that it is entitled to summary judgment as a matter of law; however, since both of said defendants’ contentions attack the jurisdictional grounds alleged by plaintiffs, we shall treat the motion sub judice as one seeking dismissal for lack of subject matter jurisdiction on alternative grounds. See 5 Wright & Miller § 1350 (1969).

In this suit, plaintiffs, Will and Annie Rizer, seek $25,000…