ANICOLA v. J. C. PENNY CO.

No. 11140.

98 F.Supp. 911 (1951)

ANICOLA et ux. v. J. C. PENNY CO., Inc.

United States District Court E. D. Pennsylvania.

July 9, 1951.


Attorney(s) appearing for the Case

Jos. Sternberger, Philadelphia, Pa., for plaintiff.

J. B. H. Carter, Philadelphia, Pa., for defendant.


McGRANERY, District Judge.

Plaintiffs are husband and wife. The wife-plaintiff alleges injuries caused by defendant's negligence, claiming the sum of $3,000 as damages, and the husband-plaintiff claims damages in the amount of $1,500 for loss of consortium. The defendant moves to dismiss on the ground of the lack of the necessary jurisdictional amount.

Under Rule 2228(a) of the Pennsylvania Rules of Civil Procedure, 12 P.S.Appendix, which virtually repromulgated...

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