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TAPSCOTT v. MS DEALER SERVICE CORP.

No. 95-6055.

77 F.3d 1353 (1996)

Gregory TAPSCOTT, Jessie James Davis, Sharon West, Leroy Brown, Carrie L. Bowen, Ira P. Lewis, Bobby G. Shore, Minnie B. Shore, Sheila D. Ware, James R. Bickley, Inez T. Davis, Olivia Thompson, Emma Galloway, Marie A. Anderson, Lola D. Greer, Russell Thornton, Stephen H. Schoepflin, Robbie L. Langley, Tollie L. Isome, Larry Clark, Vanessa Mahone, Bobbie S. Kimbrell, Andrew Moreland, Jr., Robin A. Watkins, Angela McWaine, David W. Reyer, Plaintiffs-Appellants, North American Specialty Insurance Co., Intervenor, v. MS DEALER SERVICE CORP., Defendant, Lowe's Home Centers, Inc., Defendant-Appellee, Jim Burke Automotive, Inc., Mississippi Life Insurance Co., MS Casualty Insurance Co., Serra Automotive, Inc., d/b/a Serra Budget Center, Roadguard Motor Club Inc., etc., et al., Defendants, Ford Life Insurance Company, Ford Motor Company, Movants.

United States Court of Appeals, Eleventh Circuit.

March 20, 1996.

Attorney(s) appearing for the Case

Lanny S. Vines, Michael L. Allsup, Emond & Vines, Birmingham, AL, for Appellants.

Clifford Lee Reeves, Sirote & Permutt, Birmingham, AL, for Appellees.

Before TJOFLAT, Chief Judge, BLACK, Circuit Judge, and GOODWIN, Senior Circuit Judge.

BLACK, Circuit Judge:

Appellants challenge the exercise of diversity jurisdiction by the federal district court over a state law action. Appellee Lowe's Home Centers (Lowe's) removed the putative class action, and the district court denied Appellants' motion to remand with respect to Lowe's. The district court held the amount-in-controversy requirement was satisfied by aggregating punitive damages and diversity of citizenship was not defeated by a fraudulent joinder...

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