Legal Opinion
Marion F. McDonald v. C. Y. Patton, Sr., Trading and Doing Business as Patton's Gulf Service
Court of Appeals for the Fourth Circuit
Decided January 7, 1957No. 7273PublishedCited by 93 opinions
1Opinion of the Court
SOBELOFF, Circuit Judge.
In a suit grounded on diversity of citizenship, how far may a federal court inquire preliminarily into the merits of the asserted claim in order to determine whether or not the required jurisdictional amount of $3,000.00 is involved? This is the question raised for decision on the appeal of a plaintiff whose suit was dismissed, before trial, upon the defendant’s motion. The District Court held, after inquiry into the merits of certain items set forth in the plaintiff’s bill of particulars, that the Court lacked jurisdiction “because the amount actually in controversy”…
2Cases cited20 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
- Barry v. EdmundsSupreme Court of the United States · 1886
- Scott v. DonaldSupreme Court of the United States · 1897
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
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3Cited by93 opinions
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- Pyskaty v. Wide World of Cars, LLCCourt of Appeals for the Second Circuit · 2017
- JTH Tax, Inc. v. FrashierCourt of Appeals for the Fourth Circuit · 2010
- The Chase Manhattan Bank, N.A. v. American National Bank And Trust Company Of ChicagoCourt of Appeals for the Second Circuit · 1996
- Schubert v. Auto Owners InsuranceCourt of Appeals for the Eighth Circuit · 2011
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