DAVENPORT v. MUTUAL BENEFIT HEALTH & ACCIDENT ASS'N

No. 18780.

325 F.2d 785 (1963)

Clarke E. DAVENPORT, Appellant, v. MUTUAL BENEFIT HEALTH & ACCIDENT ASSOCIATION and Continental Casualty Company, Appellees.

United States Court of Appeals Ninth Circuit.

December 23, 1963.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, Or., for appellant.

King, Miller, Anderson, Nash & Yerke, and Clifford N. Carlsen, Jr., Portland, Or., for appellee Mutual of Omaha Ins. Co.

Hollister & Thomas, and Robert H. Hollister, Portland, Or., for appellee Continental Cas. Co.

Before BARNES, HAMLEY and DUNIWAY, Circuit Judges.


BARNES, Circuit Judge.

This is an appeal from a judgment dismissing the action below for lack of jurisdiction. An appeal lies here (28 U.S. C.A. § 1291). The action below relies for jurisdiction upon diversity (28 U.S. C.A. § 1332). Defendant's answer claims the amount in controversy does not exceed $10,000. Plaintiff urges it does.

Plaintiff set forth an action at law for deceit against the two defendant insurance companies, alleging they had defrauded...

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