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BUDGET RENT-A-CAR, INC. v. HIGASHIGUCHI

Nos. 94-15932, 94-16510.

109 F.3d 1471 (1997)

BUDGET RENT-A-CAR, INC., Plaintiff-Counter-Defendant-Appellant, v. George HIGASHIGUCHI; Sharon Higashiguchi, Defendants-Counter-Claimants-Appellees, v. Alan STAUBER and Tammie Deponte, Defendants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred January 21, 1997.

Resubmitted March 19, 1997.

Decided March 31, 1997.

Attorney(s) appearing for the Case

Carleton B. Reid, Matthew S. Kohm, Reid, Richards & Miyagi, Honolulu, Hawaii, for plaintiff-appellant.

Michael K. Tateishi, Laureen L. Martin, Tateishi & Apo, Wailuku, Hawaii, for defendants-appellees.

Before: FLETCHER, D.W. NELSON, and CANBY, Circuit Judges.

CANBY, Circuit Judge:

Budget Rent-A-Car Systems, Inc. sought in federal court a declaratory judgment that it had no duty to defend or indemnify Alan Stauber or Tammie Deponte for the injuries George and Sharon Higashiguchi sustained in an incident involving a Budget rental car. The district court found that the amount in controversy did not exceed the $50,000 jurisdictional requirement of 28 U.S.C. § 1332, and granted the Higashiguchis' motion to dismiss for...

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