Choryak v. Petrick

SHERIDAN, Chief Judge.

This is a motion by defendants to dismiss the complaint for lack of jurisdiction over the subject matter and lack of venue.

Plaintiff, a citizen of Michigan, claims damages for personal injuries arising out of an automobile accident which occurred on November 2, 1959, near Harrisburg, Pennsylvania, within this district. Defendants are citizens of Pennsylvania.

Defendants move to dismiss the complaint (1) for lack of jurisdiction over the subject matter because the complaint alleges that, exclusive of interest and costs, the matter in controversy exceeds the sum of $3,000,…