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FIREMAN'S FUND INS. CO. v. RAILWAY EXPRESS AGENCY

No. 13304.

253 F.2d 780 (1958)

FIREMAN'S FUND INSURANCE COMPANY, Assignee of Steve Radeff and Carl Robinson, Appellant, v. RAILWAY EXPRESS AGENCY, Inc., a Delaware Corporation, Appellee.

United States Court of Appeals Sixth Circuit.

April 1, 1958.

Attorney(s) appearing for the Case

Arthur M. Sheridan, Detroit, Mich., Earl D. Ross, Detroit, Mich., on brief, for appellant.

Richard C. VanDusen, Detroit, Mich., Dickinson, Wright, Davis, McKean & Cudlip, Detroit, Mich., on brief, for appellee.

Before MILLER and STEWART, Circuit Judges, and MATHES, District Judge.

SHACKELFORD MILLER, Jr., Circuit Judge.

Appellant filed this action in the District Court seeking recovery from the appellee of the sum of $3,588.44, claiming jurisdiction by reason of diversity of citizenship and amount in controversy in excess of $3,000, excluding interest and costs. Diversity of citizenship is not disputed. The District Judge sustained appellee's motion to dismiss the action for lack of jurisdiction in that the requisite amount in controversy was...

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