Legal Opinion
Prater v. Poirier
District Court, D. Kansas
Decided October 4, 1955No. Nos. KC 614, KC 615PublishedCited by 3 opinions
1Opinion of the Court
MELLOTT, Chief Judge.
The present issue, raised by motions to dismiss, is whether this court has jurisdiction under Title 28 U.S.C.A. § 1332, to hear and determine negligence actions brought against the administrator of the estate of a Kansas decedent. Requisite diversity of citizenship exists and the amount in controversy exceeds $3,000 exclusive of interest and costs.
The complaints indicate, and the briefs of the parties show, that the decedent met his death as the result of a collision of his automobile with one in which the plaintiffs were riding. On the same day that the complaints were…
2Cases cited8 opinions
- Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
- Payne v. HookSupreme Court of the United States · 1869
- Miami County Nat. Bank of Paola, Kan. v. BancroftCourt of Appeals for the Tenth Circuit · 1941
- Shively v. BurrSupreme Court of Kansas · 1943
- Rosenberg v. BaumCourt of Appeals for the Tenth Circuit · 1946
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3Cited by3 opinions
- Henry, Administrator v. StewartSupreme Court of Kansas · 1969
- Henry A. Swan and Peggy Ann Swan v. Estate of Robert Roseman Monette by Ollie Monette, AdministratrixCourt of Appeals for the Eighth Circuit · 1968
- Henry A. Swan and Peggy Ann Swan v. Estate of Robert Roseman Monette by Ollie Monette, AdministratrixCourt of Appeals for the Eighth Circuit · 1968