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CONTINENTAL CAS. CO. v. DEPARTMENT OF HIGHWAYS, STATE OF LA.

No. 23614.

379 F.2d 673 (1967)

CONTINENTAL CASUALTY COMPANY, Appellant, v. DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA, Appellee.

United States Court of Appeals Fifth Circuit.

July 5, 1967.

Attorney(s) appearing for the Case

Marian Mayor Berkett, Deutsch, Kerrigan & Stiles, New Orleans, La., for appellant.

Robert J. Jones, Baton Rouge, La., for appellee.

Before HUTCHESON and BELL, Circuit Judges, and NOEL, District Judge.

HUTCHESON, Circuit Judge:

This appeal is from the judgment of the district court1 dismissing the cause for want of jurisdiction on the ground that the amount in controversy did not exceed the requisite $10,000, exclusive of interest and costs. 28 U.S.C. Sec. 1332. We find that the court below erred in holding that the jurisdictional amount was not in issue, and reverse and remand.

Sam Carline, Inc. caused the appellant Surety,...

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