PRATER v. POIRIER

Nos. KC 614, KC 615.

134 F.Supp. 499 (1955)

Mildred I. PRATER, Plaintiff, v. F. C. POIRIER, Administrator of the Estate of Herbert E. Benitz, Deceased, Defendant. William PRATER, Plaintiff, v. F. C. POIRIER, Administrator of the Estate of Herbert E. Benitz, Deceased, Defendant.

United States District Court D. Kansas.

October 4, 1955.


Attorney(s) appearing for the Case

Charles F. Strop, Jr., Strop & Strop, St. Joseph, Mo., and Robert A. Reeder (Reeder & Van Bebber), Troy, Kan., for plaintiffs.

Leonard O. Thomas and William Pringle, Stanley, Stanley, Schroeder, Weeks & Thomas, Kansas City, Kan., and Harry E. Miller, Finley & Miller, Hiawatha, Kan., for defendant.


MELLOTT, Chief Judge.

The present issue, raised by motions to dismiss, is whether this court has jurisdiction under Title 28 U.S.C.A. § 1332, to hear and determine negligence actions brought against the administrator of the estate of a Kansas decedent. Requisite diversity of citizenship exists and the amount in controversy exceeds $3,000 exclusive of interest and costs.

The complaints indicate, and the briefs of the parties show, that the decedent met...

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