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McDONALD v. PATTON

No. 7273.

240 F.2d 424 (1957)

Marion F. McDONALD, Appellant, v. C. Y. PATTON, Sr., trading and doing business as Patton's Gulf Service, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1957.

Attorney(s) appearing for the Case

Loren D. Packer, Asheville, N. C. (Meekins, Packer & Roberts, Asheville, N. C., on the brief), for appellant.

Ralph H. Ramsey, Jr., Brevard, N. C. (Ramsey & Hill, Brevard, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and HOFFMAN, District Judge.

SOBELOFF, Circuit Judge.

In a suit grounded on diversity of citizenship, how far may a federal court inquire preliminarily into the merits of the asserted claim in order to determine whether or not the required jurisdictional amount of $3,000.00 is involved? This is the question raised for decision on the appeal of a plaintiff whose suit was dismissed, before trial, upon the defendant's motion. The District Court held, after inquiry into the merits of certain items...

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