A. E. Wood v. Citronelle-Mobile Gathering System Company, Ltd.

ON PETITION FOR REHEARING

The motion to substitute James P. Wood as Administrator for A. E. Wood, deceased Appellant, is granted.

There is no substance in the contention that this Court has reversed or overruled its earlier decision reported in 362 F.2d 354. There it was held that the pendency of an interpleader action in a state court did not require or permit dismissal of the diversity action in federal court. The present holding is that the federal district court lacked jurisdiction because the matter in controversy did not exceed $10,000.00.

The actual damages sought to be recovered were…