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GATES v. UNION CENT. LIFE INS. CO.

February 8, 1944

GATES
v.
UNION CENTRAL LIFE INS. CO. (two cases)



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

The two actions under the above title come before this court on five motions:

1. Motion on behalf of plaintiff to remand Action No. 1 Civil No. 3479 to Municipal Court of the City of New York, Borough of Brooklyn, Fifth District.

 2. Motion on behalf of plaintiff to remand Action No. 2 Civil No. 3480 to the Municipal Court of the City of New York, Borough of Brooklyn, Fifth District.

 3. Motion on behalf of defendant to strike from plaintiff's complaint in Action No. 1 Civil No. 3479 all of the language contained in the paragraph thereof therein designated as "Tenth."

 4. Motion on behalf of defendant to strike from plaintiff's complaint in Action No. 2 Civil No. 3480 all of the language contained in the paragraph thereof therein designated as "Tenth."

 5. Motion on behalf of the defendant to consolidate Action No. 1 Civil No. 3479 and Action No. 2 Civil No. 3480.

 The principal question presented in these cases is whether they should be remanded to the State Court, or remain here.

 While the amounts demanded in each case differs, the questions of law presented in each case are the same, and one opinion will suffice.

 The motion to remand in each case is based on the contention that this court is without jurisdiction to hear and determine the case since the amount in dispute in the action does not exceed the sum of three thousand dollars, exclusive of interest and costs.

 Each action having been removed to this court on the ground of diversity of citizenship, 28 U.S.C.A. §§ 71-82, this court does not have jurisdiction unless the amount in dispute exceeds the sum of three thousand dollars exclusive of interest and costs. 28 U.S.C.A. § 41(1).

 These are actions brought in each instance to recover installments alleged to be due under life insurance policies on the life of the deceased in installments.

 Action No. 1 Civil No. 3479 is brought to recover ten installments of $50 each amounting to $500 of a policy for $5,000.

 Action No. 2 Civil No. 3480 is brought to recover ten installments of $25 each amounting to $250 ...


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