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HERRICK v. SAYLER

No. 11930.

245 F.2d 171 (1957)

Myron HERRICK, Plaintiff-Appellant, v. David Knight SAYLER, Administrator, etc., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 8, 1957.

Attorney(s) appearing for the Case

H. Hugh Kennerk, Fort Wayne, Ind., Hubert E. Wickens, Greensburg, Ind., Wickens & Wickens, Greensburg, Ind., Kennerk & Dumas, Fort Wayne, Ind., of counsel, for appellant.

Lee M. Bowers, Huntington, Ind., Bowers, Feightner & Palmer, Huntington, Ind., of counsel, for appellee.

Before DUFFY, Chief Judge, and LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This is a diversity action and the question presented concerns the construction of Indiana law as to the amount of recovery to which plaintiff may be entitled. The District Court dismissed the complaint of the plaintiff upon the ground that the actual amount in controversy was less than the amount necessary to confer jurisdiction, i. e., $3,000. 28 U.S. C.A. § 1332.

Plaintiff brought this action in the United States District...

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