WICHITA COUNTY IMP. DIST. v. WESTERN UNION TEL. CO.

No. 230.

22 F.2d 997 (1927)

WICHITA COUNTY IMPROVEMENT DIST. v. WESTERN UNION TELEGRAPH CO.

District Court, N. D. Texas, Wichita Falls Division.

December 12, 1927.


Attorney(s) appearing for the Case

Raymond Myers, of Wichita Falls, Tex., for the motion.

William H. Flippen and John T. Gano, both of Dallas, Tex., opposed.


ATWELL, District Judge.

The plaintiff contends that the cause should be remanded, since the amount in controversy is less than $3,000. The defendant answers that the personal property upon which a foreclosure is sought is of the value of $16,000, as evidenced by the plaintiff's petition. The solution would be simple if the defendant's contention were true, as the plaintiff's statement of its own case is determinative, in most instances, of the jurisdiction of the...

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