Jekel v. Fireman's Fund Insurance Company

Full title: Alfred A. JEKEL, Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Appellee

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 12, 1963

318 F.2d 321 (5th Cir. 1963)

Opinion

No. 20387.

June 12, 1963.

Tom H. Davis, Austin, Tex., William VanDercreek, Dallas, Tex., Byrd, Davis Eisenberg, Austin, Tex., for appellant.

James R. Meyers, Gay Meyers, Austin, Tex., for appellee.

Before RIVES, CAMERON and HAYS^_, Circuit Judges.

_ Of the Second Circuit, sitting by designation.

PER CURIAM.

We think that Hardware Mutual Casualty Company v. McIntyre, 5th Cir., 1962, 304 F.2d 566 ¹ is decisive to the effect that the district court lacked jurisdiction. The judgment is therefore reversed and the case remanded with directions to dismiss the action because the jurisdictional amount is not in controversy.

1 See also Horton v. Liberty Mutual Insurance Co., 1961, 367 U.S. 348, 81 S.Ct. 1570, 6 L.Ed.2d 890; Hart v. United States Fidelity Guaranty Co., 5th Cir., 1962, 304 F.2d 572; Standard Accident Insurance Co. v. Aguirre, 5th Cir., 1962, 304 F.2d 879.

Reversed with directions.