HOGG v. BURKHART ENGINEERING ASSOCIATES, INC.

Civ. A. No. 57-1173.

171 F.Supp. 36 (1959)

Robert HOGG, d/b/a Aristo-Crete, v. BURKHART ENGINEERING ASSOCIATES, INC.

United States District Court D. Massachusetts.

February 5, 1959.


Attorney(s) appearing for the Case

Roy Frank Kipp, Boston, Mass., Edward C. Lavallee, Norwich, Conn., for plaintiff.

Max J. Allen, Allen Goodman, Boston, Mass., for defendant


ALDRICH, District Judge.

This is a motion to dismiss a diversity action for want of jurisdiction, specifically for lack of the jurisdictional amount. Admittedly the plaintiff claims $15,000 as damages for breach of a written contract. Defendant says, however, that by virtue of a provision in the agreement its maximum liability is limited to certain expenses, which of themselves, concededly, amount only to a few hundred dollars.

I will assume for purposes of...

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