MASSACHUSETTS ST. PHARM. ASS'N v. FEDERAL PRESCRIP. SERV.

No. 19906.

431 F.2d 130 (1970)

MASSACHUSETTS STATE PHARMACEUTICAL ASSOCIATION et al., Appellants, v. FEDERAL PRESCRIPTION SERVICE, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

August 13, 1970.


Attorney(s) appearing for the Case

David Berman, Zamparelli & White, Medford, Mass., for appellants; William Wimer, Des Moines, Iowa, on the brief.

George S. Leonard, Leonard, Clammer & Flues, Washington, D. C., for appellee; H. M. Coggeshall, Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, Iowa, on the brief.

Before VAN OOSTERHOUT, MEHAFFY and BRIGHT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal from final judgment dismissing plaintiffs' complaint for injunctive relief on the ground that the court lacked jurisdiction by reason of plaintiffs' failure to establish the existence of the required $10,000 jurisdictional amount. Jurisdiction was predicated on 28 U.S.C.A. §§ 1331 and 1332. The existence of diversity of citizenship and the presence of a federal question is not disputed.

The plaintiffs...

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