BURMON & BOLONSKY, INC. v. LUCKENBACH S. S. CO. INC.

No. 4279.

39 F.2d 619 (1930)

BURMON & BOLONSKY, Inc., v. LUCKENBACH S. S. CO., Inc.

District Court, D. Massachusetts.

March 20, 1930.


Attorney(s) appearing for the Case

Nutter, McClennen & Fish, of Boston, Mass., for plaintiff.

Albert Gould and Blodgett, Jones, Burnham & Bingham, all of Boston, Mass., and Kirlin, Campbell, Hickox, Keating & McGrann, of New York City, for defendant.


MORTON, District Judge.

Assuming the facts to be as stated at the argument and in the plaintiff's letter of March 15, 1930, at the time when the action was entered in the state court, the plaintiff's claim, exclusive of interest and costs, was $2,445. This amount appears to have been definitely ascertained before that time, and was the amount actually in controversy when the action was brought. It was not stated in the declaration. The ad damnum was $5,000, and was...

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