Suther v. City of Midfield, Inc.

Full title: Dargan SUTHER, Appellant, v. CITY OF MIDFIELD, INC., et al., Appellees

Court: United States Court of Appeals, Fifth Circuit

Date published: Feb 26, 1968

389 F.2d 1002 (5th Cir. 1968)

Opinion

No. 24958.

February 26, 1968.

Appeal from the United States District Court for the Northern District of Alabama; Harland Hobart Grooms, Judge.

Dewey H. Jones, Birmingham, Ala., for appellant.

Norman K. Brown, Bessemer, Ala., for appellees.

Before BROWN, Chief Judge, GEWIN and WRIGHT,^_ Circuit Judges.

_ Of the District of Columbia Circuit, sitting by designation.

PER CURIAM:

This is the second appeal in this case.¹ This Court, in affirming the dismissal of the complaint in the first appeal, held that Appellant had not adequately alleged a jurisdictional amount. Assuming that the jurisdictional prerequisites have now been met, we find that Appellant's contentions are without merit and the granting of Appellee's motion for summary judgment was correct.

1 See Suther v. City of Midfield, 5 Cir., 1966, 358 F.2d 740.

Affirmed.