Legal Opinion

The Gas Service Company v. Otto R. Coburn, on Behalf of Himself and All Others Similarly Situated

Court of Appeals for the Tenth Circuit

Decided March 26, 1968No. 9635PublishedCited by 14 opinions

1Opinion of the Court

DAVID T. LEWIS, Circuit Judge.

This is an interlocutory appeal authorized in compliance with 28 U.S.C. § 1292 (b) to allow appellate consideration of an order of the District Court for the District of Kansas denying appellant’s (defendant’s) motion to dismiss appel-lee’s (plaintiff’s) complaint for lack of jurisdiction. The determinative question is whether under Rule 23, Fed.R. Civ.P., as amended in July 1966, aggregation of several and distinct claims is permitted for the purpose of satisfying the diversity jurisdictional amount requirement of 28 U.S.C. § 1332 where a class action under the…

2Cases cited5 opinions

  1. Provident Tradesmens Bank & Trust Co. v. PattersonSupreme Court of the United States · 1968
  2. Gibbs v. BuckSupreme Court of the United States · 1939
  3. Clark v. Paul Gray, Inc.Supreme Court of the United States · 1939
  4. Jose Aramis Alvarez, Individually, and in Behalf of All Those Similarly Situated v. Pan American Life Insurance Company, Augustin Goytisolo Recio, Individually, and in Behalf of All Those Similarlysituated v. Pan American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
  5. Aetna Insurance Company, a Corporation v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1956

3Cited by14 opinions

  1. Snyder v. HarrisSupreme Court of the United States · 1969
  2. Zahn v. International Paper Co.Supreme Court of the United States · 1973
  3. State of Illinois v. Harper & Row Publishers, Inc.District Court, N.D. Illinois · 1969
  4. Richard C. Lonnquist v. J. C. Penney CompanyCourt of Appeals for the Tenth Circuit · 1970
  5. Spears v. RobinsonCourt of Appeals for the Eighth Circuit · 1970

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