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ELLIOTT v. TILTON

No. 94-10809.

62 F.3d 725 (1995)

Michael ELLIOTT and Vivian Elliott, Plaintiffs-Appellees, v. Robert TILTON, etc., Marte Tilton, etc., Word of Faith World Outreach Center, Inc., and Word of Faith World Outreach Center Church, etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 31, 1995.

Attorney(s) appearing for the Case

Robert B. Wellenberger, Rhonda Johnson Byrd, Thompson, Coe, Cousins & Irons, Dallas, TX, for appellants.

Sidney G. Dunagan, Kari S. McKee, Gable & Gotwals, Tulsa, OK, for Marte Tilton.

Gary Richardson, Richardson, Stoops & Keating, Dallas, TX, Dana Bowen, Wagoner, OK, for appellees.

Before HIGGINBOTHAM, and PARKER, Circuit Judges, and McBRYDE, District Judge.

ROBERT M. PARKER, Circuit Judge:

The plaintiffs brought this action in federal district court, under its diversity jurisdiction, claiming damages for fraud, breach of contract, intentional infliction of emotional distress, and conspiracy. The plaintiffs were awarded 1.5 million in damages after a jury trial, and the defendants appealed. For the first time on appeal, one defendant, Marte Tilton, contended that the district court lacked subject matter jurisdiction to...

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