DAVIS v. CARL CANNON CHEVROLET-OLDS, INC.

No. 98-6567.

182 F.3d 792 (1999)

Geneva DAVIS, Michael H. Roberts, Plaintiffs-Appellants, v. CARL CANNON CHEVROLET-OLDS, INC.; General Motors Acceptance Corporation, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 26, 1999.


Attorney(s) appearing for the Case

Barry A. Ragsdale, Birmingham, AL, for Plaintiffs-Appellants.

John M. Johnson, Wynn M. Shuford, Birmingham, AL, Richard C. Godfrey, Scott W. Fowkes, Nathanael M. Cousins, Robert B. Ellis, Chicago, IL, for Defendants-Appellees.

Before COX, Circuit Judge, FAY, Senior Circuit Judge, and NANGLE, Senior District Judge.


COX, Circuit Judge:

The question this appeal poses is whether, in a class action, a potential attorneys' fee awarded out of a common fund may count in the aggregate toward the jurisdictional minimum necessary to establish diversity jurisdiction. We hold that it may not.

1. Background

The plaintiffs here, and the class they ask to represent, are purchasers of extended service contracts on General Motors vehicles. According to the plaintiffs...

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