Natvar Corp. v. Phelps Dodge Corp.

MEMORANDUM

LASKER, District Judge.

Defendant moves to dismiss the complaint herein for lack of subject matter jurisdiction under Rule 12(b) (1) of the Federal Rules of Civil Procedure, alleging that the plaintiff fails to meet the jurisdictional requirement of 28 U.S.C. A. § 1332 that the amount in controversy exceed $10,000. Pending determination of this motion pretrial discovery has been stayed.

Plaintiff sues for the contract price of 20,000 pounds of extruded Styroflex film *264of .005 thickness and cut to different widths at defendant’s specifications. The contract allegedly consists of a…