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SUTHER v. CITY OF MIDFIELD, INC.

No. 22778.

358 F.2d 740 (1966)

Dargon SUTHER, Appellant, v. CITY OF MIDFIELD, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 11, 1966.

Attorney(s) appearing for the Case

Dewey H. Jones, Phillip Sarris, Birmingham, Ala., for appellant.

Norman K. Brown, Bessemer, Ala., for appellees.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and LYNNE, District Judge.

PER CURIAM.

The judgment dismissing the complaint is AFFIRMED, but on the ground that the complaint shows on its face the want of subject matter jurisdiction, that is to say, it does not adequately allege the existence of the amount in controversy exceeding $10,000. As stated in Healy v. Ratta, 292 U.S. 263, 54 S.Ct. 700, 78 L.Ed. 1248,

"The tax, payment of which is demanded or resisted, is the matter in controversy, since...

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