Legal Opinion
Prashar v. Volkswagenwerk Aktiengesellschaft
District Court, D. South Dakota
Decided September 6, 1972No. Civ. 71-76SPublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM DECISION
NICHOL, Chief Judge.
In this action for personal injuries and loss of consortium plaintiffs have moved to strike paragraphs V, VI, and IX of defendant Import Motors of Chicago’s (Imoco) 1 Separate Answer and Cross Claim as being insufficient. Jurisdiction is based upon diversity of citizenship and the amount in controversy exclusive of interest and costs exceeds $10,000. 28 U.S.C.A. Sec. 1332.
Because this court has concluded that the defense asserted by defendant in Paragraph VI is dispositive of this motion, it is discussed immediately. Defendant contends in amended…
2Cases cited9 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Mabel Groninger v. Merrill E. DavisonCourt of Appeals for the Eighth Circuit · 1966
- Donnie R. Chappell and S. Eugene Schrock v. Noble J. Rouch, and Mid-Continent Casualty Company, Appellee-IntervenerCourt of Appeals for the Tenth Circuit · 1971
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3Cited by3 opinions
- Prashar v. Volkswagen of America, Inc.Court of Appeals for the Eighth Circuit · 1973
- Chladek v. Sterns Transportation Co.District Court, E.D. Pennsylvania · 1977
- Paul D. Prashar and Darlene Prashar v. Volkswagen of America, Inc., a Corporation, and Import Motors of Chicago, Inc., a Corporation, Volkswagenwerk Aktiengesellschaft, a Corporation, Also Known as Volkswagenwerk, G.M.B.H. v. Paul D. Prashar and Darlene PrasharCourt of Appeals for the Eighth Circuit · 1973