Nelson v. Keefer

OPINION OF THE COURT

ALDISERT, Circuit Judge;

These appeals question the propriety of dismissing a personal injury diversity action at pre-trial because the district court concluded that it appeared “to a legal certainty” that the claims were “really for less than the jurisdictional amount” 1 of $10,000 2

Appellants concede that the court had the power to determine the facts requisite to jurisdiction, Wetmore v. Rymer, 169 U.S. 115, 18 S.Ct. 293, 42 L.Ed. 682 (1898), but contend that the cause should not have been terminated at pre-trial because of the possibility of adducing proof later as to…