ETHERIDGE v. PIPER AIRCRAFT CORP.

No. 75-4306.

559 F.2d 1027 (1977)

Myrl E. ETHERIDGE and Billy E. Etheridge, Permanent Administrator of the Estate of Edwin E. Etheridge, Plaintiffs-Appellants, v. PIPER AIRCRAFT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 23, 1977.


Attorney(s) appearing for the Case

Warren A. Rosser, Eugene R. Kiser, Atlanta, Ga., Virginia B. Garrett, Douglasville, Ga., for plaintiffs-appellants.

Howard E. Barwick, David L. Wills, Miami, Fla., for defendant-appellee.

Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, District Judge.


LEWIS R. MORGAN, Circuit Judge:

The question for decision is whether the district court erred in dismissing appellants' diversity action for failure to satisfy the jurisdictional amount requirement of 28 U.S.C. § 1332. Although dispute exists as to which state's unlawful death law governs the damages available, we nevertheless reverse because, regardless of which law governs, it cannot be said, to a legal certainty, that $10,000 is not recoverable.

The...

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