Salkind v. Trafalgar Hospital

Second Circuit

Salkind v. Trafalgar Hospital

322 F.2d 947

CourtCourt of Appeals for the Second Circuit

DecidedOctober 3, 1963

DocketNo. 11, Docket 28120

StatusPublished

Cited by4 cases

This text of 322 F.2d 947 (Salkind v. Trafalgar Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Salkind v. Trafalgar Hospital, 322 F.2d 947 (2d Cir. 1963).

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Opinion

PER CURIAM.

In this action brought October 16, 1959 the amount in controversy is stated to be-$10,000 exclusive of interest and costs. Judgment was entered for plaintiff on a. contract claim for severance pay of one-half the amount of a year’s salary of' $20,000, plus interest and costs, and defendant appeals. Jurisdiction is asserted: under 28 U.S.C. § 1332. The 1958 amend-, ment to § 1332, however, requires an amount in controversy in excess of $10,-000, exclusive of interest and costs. Jurisdiction was lacking in the District Court. Athan v. Hartford Fire Ins. Co., 2 Cir. 1934, 73 F.2d 66, Alderman et al. v. Elgin J & E Ry. Co., 7 Cir. 1942, 125. F.2d 971, Royal Ins. Co. of Liverpool, Eng. v. Stoddard, 8 Cir. 1912, 201 F. 915, Queen Ins. Co. of America v. Basham, W.D.Tenn.1962, 201 F.Supp. 733. The judgment of the District Court is reversed: and the case remanded with instructions, to dismiss the action for lack of jurisdiction.

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PER CURIAM.

In this action brought October 16, 1959 the amount in controversy is stated to be-$10,000 exclusive of interest and costs. Judgment was entered for plaintiff on a. contract claim for severance pay of one-half the amount of a year’s salary of' $20,000, plus interest and costs, and defendant appeals. Jurisdiction is asserted: under 28 U.S.C. § 1332. The 1958 amend-, ment to § 1332, however, requires an amount in controversy in excess of $10,-000, exclusive of interest and costs. Jurisdiction was lacking in the District Court. Athan v. Hartford Fire Ins. Co., 2 Cir. 1934, 73 F.2d 66, Alderman et al. v. Elgin J & E Ry. Co., 7 Cir. 1942, 125. F.2d 971, Royal Ins. Co. of Liverpool, Eng. v. Stoddard, 8 Cir. 1912, 201 F. 915, Queen Ins. Co. of America v. Basham, W.D.Tenn.1962, 201 F.Supp. 733. The judgment of the District Court is reversed: and the case remanded with instructions, to dismiss the action for lack of jurisdiction.

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322 F.2d 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salkind-v-trafalgar-hospital-ca2-1963.

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