EMLAND BUILDERS, INC. v. SHEA

No. 8176.

359 F.2d 927 (1966)

EMLAND BUILDERS, INC., a Corporation, M. B. Landau and Ed Landau, Appellants, v. Barney T. SHEA, Appellee.

United States Court of Appeals Tenth Circuit.

May 2, 1966.


Attorney(s) appearing for the Case

George Maier, Jr., Kansas City, Kan. (Lee E. Weeks, Leonard O. Thomas, J. D. Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston, Miles C. Mustain, Kansas City, Kan., on the brief), for appellants.

Charles S. Fisher, Jr., Topeka, Kan. (O. B. Eidson, Philip H. Lewis, James W. Porter, William G. Haynes, Peter F. Caldwell, Roscoe E. Long, R. Austin Nothern, and Brock R. Snyder, Topeka, Kan., with him on the brief), for appellee.

Before PICKETT, HILL and SETH, Circuit Judges.


SETH, Circuit Judge.

The appellee brought this diversity action for breach of contract in the United States District Court for the District of Kansas. He alleged that he had performed services in connection with the design of houses and the development of a housing project in accordance with a written contract.

Appellee alleged that the amount in controversy exceeded the sum of $10,000.00. The jurisdictional amount was questioned at the outset by appellants...

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