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HAMILTON v. HARTFORD ACC. & INDEM. CO.

Civ.A. No. 76-2938.

425 F.Supp. 224 (1977)

Hugh L. HAMILTON v. HARTFORD ACCIDENT AND INDEMNITY COMPANY.

United States District Court, E. D. Pennsylvania.

January 20, 1977.

Attorney(s) appearing for the Case

Joseph A. Malloy, Jr., Philadelphia, Pa., for plaintiff.

Donald J. P. Sweeney, Philadelphia, Pa., for defendant.

MEMORANDUM

GORBEY, District Judge.

Jurisdiction in this case is based upon diversity of citizenship and the allegation that the amount in controversy is in excess of $10,000.

Defendant has filed a motion to dismiss under Rule 12(b)(1) claiming that plaintiff's own allegations in the complaint show that the amount in controversy is only $7,800.

In his first allegation, plaintiff alleges that defendant agreed to pay plaintiff the sum of $50...

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