WINDSOR v. GUARANTEE TRUST LIFE INS. CO.

Civ. No. 88-1025.

684 F.Supp. 630 (1988)

Benny J. WINDSOR, Plaintiff, v. GUARANTEE TRUST LIFE INSURANCE CO., Defendant.

United States District Court, D. Idaho.

May 4, 1988.


Attorney(s) appearing for the Case

Thomas G. Walker, Jr., Twin Falls, Idaho, for plaintiff.

Terry R. McDaniel, Nelson Rosholt Robertson Tolman & Tucker, Boise, Idaho, for defendant.


MEMORANDUM DECISION

CALLISTER, Chief Judge.

The Court has before it a motion by the defendant Guarantee Trust Life Insurance Co. to dismiss the complaint for lack of subject matter jurisdiction under Fed.R. Civ.P. 12(b)(1). The defendant asserts that the plaintiff Benny J. Windsor has not stated an amount in controversy exceeding $10,000 as required by 28 U.S.C. § 1332(a).

The allegations in the complaint are as follows. The plaintiff obtained...

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