Legal Opinion

Katherine Deloach v. Ralph E. Woodley

Court of Appeals for the Fifth Circuit

Decided January 22, 1969No. 26330_1PublishedCited by 134 opinions

1Per curiam

The jurisdictional derivative of this action is 28 U.S.C.A. § 1332 which requires that the matter in controversy exceed the sum or value of $10,000.00 exclusive of interest and costs. We have ferreted the complaint for allegations supporting the jurisdictional amount and could find only the following: “The estimated sum which the plaintiff alleges the defendant owes her for the eleven (11) years support of her daughter, Kathryne, is Seven Thousand Eight Hundred Sixty Dollars ($7,860.00) with interest.” The fatal vulnerability of this allegation is obvious and dismissal was therefore properly…

2Cases cited3 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
  3. A. E. Wood v. Citronelle-Mobile Gathering System Company, Ltd.Court of Appeals for the Fifth Circuit · 1969

3Cited by134 opinions

  1. Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980
  2. Pan-Islamic Trade Corporation v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1980
  3. Ackerson v. Bean Dredging, LLCCourt of Appeals for the Fifth Circuit · 2009
  4. Franchise Realty Interstate Corporation and McDonald Systems of California, Inc. v. San Francisco Local Joint Executive Board of Culinary WorkersCourt of Appeals for the Ninth Circuit · 1976
  5. Mountain View Pharmacy v. Abbott LaboratoriesCourt of Appeals for the Tenth Circuit · 1980

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