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NELSON v. KEEFER

Nos. 19416-19418.

451 F.2d 289 (1971)

Ernest NELSON, 3rd, a minor, by his parents and natural guardians, et al., Appellant in No. 19416. v. Ernest KEEFER and Frank Keefer v. Howard BRINKLEY and Walter G. Locke, Third Party Defendants. Appeal of Ernest J. NELSON, Jr., in No. 19417. Appeal of Patsy NELSON, in No. 19418.

United States Court of Appeals, Third Circuit.

Decided November 15, 1971.

As Amended December 17, 1971.

Attorney(s) appearing for the Case

Bernard J. McAuley, Wayman, Irvin, Trushel & McAuley, Pittsburgh, Pa., for appellants.

William K. Herrington, Weis & Weis, Pittsburgh, Pa., for appellees Ernest Keefer and Frank Keefer.

Arthur R. Gorr, Stein and Winters, Pittsburgh, Pa., for appellee Locke.

Before VAN DUSEN, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These appeals question the propriety of dismissing a personal injury diversity action at pre-trial because the district court concluded that it appeared "to a legal certainty" that the claims were "really for less than the jurisdictional amount"1 of $10,000.2

Appellants concede that the court had the power to determine the facts requisite to jurisdiction...

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