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NIXON v. LOYAL ORDER OF MOOSE LODGE NO. 750

No. 8123.

285 F.2d 250 (1960)

Lewis A. NIXON, Appellant, v. LOYAL ORDER OF MOOSE LODGE NO. 750, a fraternal benefit society organized and transacting business under the laws of the state of West Virginia and whose business office is located at Mullens, West Virginia, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 30, 1960.

Attorney(s) appearing for the Case

Arthur Ritz Kingdon, Mullens, W. Va. (Frederick T. Kingdon, Mullens, W. Va., on brief), for appellant.

D. Grove Moler, Mullens, W. Va., for appellee.

Before SOPER and BOREMAN, Circuit Judges, and LEWIS, District Judge.

LEWIS, District Judge.

The plaintiff filed an action, grounded on diversity of citizenship, in the District Court for the Southern District of West Virginia, claiming damages in the amount of $6,000.001 for breach of contract. The defendant in its answer and by motion to dismiss challenged the jurisdiction of the Court on the ground that the amount actually in controversy is less than $3,000.00, exclusive of interest and costs.

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