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MIAMI BEACH YACHT CORPORATION v. FERRO CORPORATION

No. 71-3136 Summary Calendar.

461 F.2d 770 (1972)

MIAMI BEACH YACHT CORPORATION, Plaintiff-Appellant, v. FERRO CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 13, 1972.

Attorney(s) appearing for the Case

Mercer K. Clarke, G. Morton Good, Smathers & Thompson, Miami, Fla., for plaintiff-appellant.

Sherouse & Virgin, Robert G. Notman, Miami, Fla., for defendant-appellee.

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

PER CURIAM:

This is one of those now rare cases which turn on a determination of the amount in controversy. The District Court believed that the Plaintiff would not be able, on the merits, to show himself entitled to a particular element of the damages he alleged and therefore dismissed the suit for want of jurisdiction, the absence of that element reducing Plaintiff's potential recoverable damages below the $10,000 jurisdictional minimum.1

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