Legal Opinion
Ogden v. Cox
District Court, N.D. Georgia
Decided October 21, 1968No. Civ. A. No. 11437PublishedCited by 2 opinions
1Opinion of the Court
ORDER
EDENFIELD, District Judge.
In this diversity action for damages, defendants have moved to dismiss the action on the ground that plaintiff has failed to meet the test as to the amount in controversy required under 28 U.S.C. § 1332. Movants assert that the amount sued for, $100,000, is a claim not only worth less than $10,000 to a “legal certainty”, but that plaintiff’s claim is “colorable”, being made in bad faith which is borne out, as movants assert, by plaintiff’s conduct in both the progress of the action and in prior events.
When a plaintiff seeks to gain relief which is difficult to…
2Cases cited10 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Healy v. RattaSupreme Court of the United States · 1934
- Aetna Insurance Company, a Corporation v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Tenth Circuit · 1956
- Helen T. Turner, Administratrix v. Wilson Line of Massachusetts, Inc.Court of Appeals for the First Circuit · 1957
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3Cited by2 opinions
- Dowling v. J. C. Penney Co.District Court, W.D. Pennsylvania · 1969
- Ramirez v. KnoxDistrict Court, S.D. New York · 1971