Frank D. Gaus v. Miles, Inc., an Indiana Corporation
Opinion
Opinion
Frank D. Gaus appeals the district court’s grant of summary judgment in favor of Mobay Corporation. Gaus alleged breach of contract, intentional interference with contractual relationships, and intentional interference with prospective economic advantage.- We vacate the judgment for lack of subject matter jurisdiction and remand to the district court with instructions to remand to the state court.
FACTS
On May 25, 1990, Gaus filed this action against Mobay Corporation in the Second Judicial District Court of the State of Nevada. Gaus sought damages “in excess of $10,000.” On July 13, 1990, Mobay Corporation removed the action to the United States District Court for the District of Nevada, relying on 28 U.S.C. §§ 1332 and 1441(a), and alleging that “the matter in current controversy ... exceeds the sum of $50,000.”
Concerned that the district court lacked subject matter jurisdiction, we issued the following order on October 26, 1992:
Gaus responded that Nevada Rule of Civil Procedure 8(a) prohibits a demand for a specific amount above $10,000. Gaus alleges that the actual damages sought are “in the millions of dollars.” Gaus fails to point to any pleading which supports this…