U.S. Court of Appeals for the Second Circuit, 1963

Salkind v. Trafalgar Hospital

U.S. Court of Appeals for the Second Circuit · Decided October 3, 1963

322 F.2d 947 (Federal Reporter, Second Series)

Counsel

Sidney S. Bobbe, New York City (Holtzmann & Holtzmann, New York City, on the brief), for defendant-appellant., Jack H. Hantman, New York City (Joseph Schutzman, Wantagh, N. Y., on the brief), for plaintiff-appellee.

Cases that cite this one

4 later published cases cite this decision.

Fratto v. Northern Insurance Company of New York (District Court, W.D. Pennsylvania 1965)
Keles v. Yale University (District Court, S.D. New York 1995)
Brown v. Sinclair Refining Co. (District Court, S.D. New York 1964)
Harold M. Salkind v. Trafalgar Hospital (2d Cir. 1963)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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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