BURAS v. BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA

No. 20421.

327 F.2d 238 (1964)

Mrs. Yvonne BURAS, Widow of Oliver V. Adolph, Appellant, v. BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA, Appellee.

United States Court of Appeals Fifth Circuit.

January 10, 1964.


Attorney(s) appearing for the Case

Reginald T. Badeaux, Jr., Robert R. Gisevius and John J. Cummings, III, New Orleans, La., for appellant.

P. A. Bienvenu, Bienvenu & Culver, and Timothy J. McNamara, New Orleans, La., for appellee.

Before CAMERON, WISDOM and GEWIN, Circuit Judges.


PER CURIAM.

The narrow question presented here is whether the exaction provided for by LSA-R.S. 22:6561 is interest, or is not interest, in determining whether the amount involved is sufficient to hold federal jurisdiction over this case.

The district court determined, upon appellant's declaration, that the exaction was in the nature of a penalty, not interest. We think this holding is correct.

The State of Louisiana has...

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