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HEYMANN v. SEARS, ROEBUCK & COMPANY

No. 26771 Summary Calendar.

415 F.2d 327 (1969)

Leo E. HEYMANN, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

August 5, 1969.

Attorney(s) appearing for the Case

Leo E. Heymann, pro se, Alcide J. Weysham, New Orleans, La., for appellant.

Clarence Favret, Favret & Favret, Herman L. Barnett, Guste, Barnett & Little, Harry McCall, Jr., Chaffe, McCall, Phillips, Burke, Toler & Sarpy, New Orleans, La., for appellee.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

The sole issue presented by this appeal is whether amended F.R.Civ.P. 23 permits aggregation of separate and distinct claims in a class action to provide the $10,000 jurisdictional amount in controversy.1 Judge Bell, in Alvarez v. Pan American Life Insurance Co., 5 Cir., 1967, 375 F.2d 992, cert denied, 389 U.S. 827, 88 S.Ct. 74, 19 L.Ed.2d 82, answered this question in the negative.

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