Barbara D. Scherer v. The Equitable Life Assurance Society of the United States
Court of Appeals for the Second Circuit
1Opinion of the Court
CALABRESI, Circuit Judge.
On April 15, 1998, Appellant Barbara D. Scherer instituted a state-court action to recover disability benefits pursuant to her insurance policy with Appellee Equitable Life Assurance Society. A trial followed, resulting in a jury verdict for Equitable on May 3, 2001. On November 19, 2001, while her state case was on appeal, Scherer brought suit in the United States District Court for the Southern District of New York, seeking benefits from April 16, 1998. Her suit was dismissed for want of a jurisdietionally sufficient amount in controversy. The district court…
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