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FEDERATED MUT. INS. CO. v. McKINNON MOTORS, LLC

No. 02-14158.

329 F.3d 805 (2003)

FEDERATED MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. McKINNON MOTORS, LLC, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 28, 2003.

Attorney(s) appearing for the Case

P. Thomas Dazzio, Jr., Robert Gerald Boliek, Jr., Jeffrey Edwin Friedman, Friedman, Leak & Bloom, P.C., Birmingham, AL, for Plaintiff-Appellant.

John Martin Galese, Jeffrey L. Ingram, Birmingham, AL, for Defendant-Appellee.

Before DUBINA and FAY, Circuit Judges, and DOWD, District Judge.

DUBINA, Circuit Judge:

Federated Mutual Insurance Company ("Federated") appeals the district court's dismissal of its declaratory judgment action, brought to resolve an insurance coverage dispute, for lack of subject matter jurisdiction based on a failure to meet the amount in controversy requirement of 28 U.S.C. § 1332. The sole issue raised on appeal is whether the district court erred in calculating the amount in controversy by failing to consider McKinnon...

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