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WATCH HILL PARTNERS, INC. v. BARTHEL

C.A. No. 04-172S.

338 F.Supp.2d 306 (2004)

WATCH HILL PARTNERS, INC., Plaintiff, v. James BARTHEL, Defendant.

United States District Court, D. Rhode Island.

September 27, 2004.

Attorney(s) appearing for the Case

R. Bart Totten, Adler Pollock & Sheehan P.C., Providence, RI, for Plaintiff.

Donna M. Lamontagne, Zizik, Powers, O'Connell, Spaulding & Lamontagne, P.C., Providence, RI, for Defendant.

DECISION AND ORDER

SMITH, District Judge.

Diversity jurisdiction demands both diversity of citizenship and satisfaction of the jurisdictional amount, which requires that the matter in controversy exceed $75,000. 28 U.S.C. § 1332(a)(1). At issue in this case is whether a defendant (who has removed a case from state to federal court) may rely on a counterclaim to meet that $75,000 jurisdictional threshold. While a minority of courts have held that...

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