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SAM L. MAJORS JEWELERS v. ABX, INC.

No. 96-50146.

117 F.3d 922 (1997)

SAM L. MAJORS JEWELERS, Plaintiff-Appellant, v. ABX, INC., doing business as Airborne Express; Airborne Freight Corporation; ABX Air Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 30, 1997.

Attorney(s) appearing for the Case

James P. Boldrick, James W. Essman, Boldrick, Clifton, Nelson & Holland, Midland, TX, for Plaintiff-Appellant.

David R. Shane, Shane & Taitz, San Francisco, CA, for Defendants-Appellees.

Dwayne Samuel Byrd, Legal Dept., Memphis, TN, for Federal Express Co. and Cargo Airlines Assoc.

Jeffrey A. Clair, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for United States Department of Transportation, amicus curiae.

Before KING, JOLLY and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Sam L. Majors Jewelers ("Jewelers") sued ABX Air, Inc. d/b/a Airborne Express ("Airborne") for the value of three packages containing jewelry that were lost after being entrusted for shipping to Airborne. The important and difficult question in this case is whether there is a basis for federal jurisdiction, the monetary amount at issue being insufficient to raise diversity jurisdiction. We hold that Jewelers' claim raises federal question...

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