ALLEN v. R & H OIL & GAS CO.

No. 94-60444.

63 F.3d 1326 (1995)

Barbara ALLEN, et al., Plaintiffs-Appellants, v. R & H OIL & GAS COMPANY, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Defendants, Tri-State Oil Services, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 29, 1995.


Attorney(s) appearing for the Case

Richard M. Martin, Jr., Cummings, Cummings & Dudenhefer, New Orleans, LA, for appellants.

Michael B. Wallace, Walker W. Jones, III, Joseph A. Ziemianski, Todd C. Richter, Chuck D. Barlow, Phelps Dunbar, Jackson, MS, for appellee.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The 512 plaintiffs of a joint, state-law tort action (the "Allen plaintiffs" or "plaintiffs") appeal the removal of their claims to federal court. They contend that the district court erred in finding federal subject-matter jurisdiction under 28 U.S.C. § 1332 (diversity of citizenship), because it improperly "aggregated" their claim for punitive damages as a "whole" in reaching the $50,000.01 amount-in-controversy mark for each...

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