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JTH TAX, INC. v. FRASHIER

No. 09-2262.

624 F.3d 635 (2010)

JTH TAX, INCORPORATED, d/b/a Liberty Tax Service, Plaintiff-Appellant, v. Harry F. FRASHIER, II, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: November 10, 2010.

Attorney(s) appearing for the Case

ARGUED: David Andrew Lindley, Jr. , Liberty Tax Service, Virginia Beach, Virginia, for Appellant. Dannielle C. Hall-McIvor , Taylor & Walker, PC, Norfolk, Virginia, for Appellee. ON BRIEF: Joseph Knowles , Liberty Tax Service, Virginia Beach, Virginia, for Appellant. Todd M. Gaynor , Taylor & Walker, PC, Norfolk, Virginia, for Appellee.

Reversed by published opinion. Judge MOTZ wrote the opinion, in which Judge KING and Judge DAVIS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

JTH Tax, Inc. ("Liberty") appeals from an order dismissing its complaint for lack of subject matter jurisdiction. Liberty contends that the district court erred in holding that its complaint failed to meet the $75,000 amount in controversy requirement for diversity jurisdiction under 28 U.S.C. § 1332(a). We agree and so reverse.

I.

Liberty franchises thousands of tax preparation offices nationwide...

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