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WHEEL HORSE SALES, INC. v. SPENCE

No. 77-1718.

566 F.2d 679 (1977)

WHEEL HORSE SALES, INC., a corporation, Plaintiff-Appellant, v. James SPENCE, d/b/a East Side Sales and Service, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 30, 1977.

Attorney(s) appearing for the Case

Robert E. Manchester, Oklahoma City, Okl., for plaintiff-appellant.

Paul F. McTighe, Jr., Tulsa, Okl., for defendant-appellee.

Before McWILLIAMS, HILL and DOYLE, Circuit Judges.

HILL, Circuit Judge.

The issue in this case is whether a defendant in an action for liquidated damages can defeat federal diversity jurisdiction [28 U.S.C. § 1332] by admitting liability for a portion of the claim so as to bring the sum in dispute below the jurisdictional amount.

Appellant Wheel Horse Sales, Inc., is a Missouri corporation; appellee James Spence, d/b/a East Side Sales and Service, is a resident of Oklahoma. Wheel Horse brought this action...

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