GARCIA v. KOCH OIL CO. OF TEXAS INC.

No. 02-21378.

351 F.3d 636 (2003)

Hector GARCIA, et al., Plaintiffs, Hector Garcia, Inland Ocean Inc., Plaintiffs-Appellants, v. KOCH OIL COMPANY OF TEXAS INC.; Koch Gathering Systems Inc.; Koch Service Inc.; Koch Oil Company, Koch Industries Inc.; Koch Pipelines Inc.; Pipeline Company LP, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 18, 2003.


Attorney(s) appearing for the Case

Ralph Stephen Carrigan (argued) and Mark A. Carrigan, Law Office of Mark A. Carrigan, Houston, TX, for Plaintiffs-Appellants.

Charles F. Webber (argued), Faegre & Benson, Minneapolis, MN, for Defendants-Appellees.

Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.


KING, Chief Judge:

This case comes to us on an interlocutory appeal under 28 U.S.C. § 1292(b). At issue is the proper way to measure the amount in controversy, required for federal diversity jurisdiction under 28 U.S.C. § 1332, in the context of a suit seeking, inter alia, an equitable accounting. The district court held that the defendants' costs for performing the accounting may be considered in calculating the amount in controversy. We reverse...

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