OGDEN v. COX

Civ. A. No. 11437.

294 F.Supp. 810 (1968)

Lucretia Thomas OGDEN v. David Eugene COX and M. E. Cox, Jr.

United States District Court N. D. Georgia, Atlanta Division.

October 21, 1968.


Attorney(s) appearing for the Case

O'Connor & Kleiner, Atlanta, Ga., for plaintiff.

Nall, Miller, Cadenhead & Dennis, Atlanta, Ga., for defendants.


ORDER

EDENFIELD, District Judge.

In this diversity action for damages, defendants have moved to dismiss the action on the ground that plaintiff has failed to meet the test as to the amount in controversy required under 28 U.S.C. § 1332. Movants assert that the amount sued for, $100,000, is a claim not only worth less than $10,000 to a "legal certainty", but that plaintiff's claim is "colorable", being made in bad faith which is borne out, as movants...

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