Doble

Doble v. Buck

Good Law
142 F.2d 225·1944 U.S. App. LEXIS 3297
United States Court of Appeals for the Ninth CircuitApril 27, 1944No. 10348California912 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from a judgment of the District Court of the United States for the Northern District of California dismissing for want of jurisdiction an action by appellant, Mary E. Doble, against appellees, Walter E. Buck, R. Stanley Dollar, Walter A. Haas, William F. Humphrey, J. C. McKinstry, Alfred B. Swinerton, Joseph O. Tobin, Herbert Fleishhacker and Mortimer Fleishhacker, for damages in the sum of $26,718, with interest and costs.

The District Court’s jurisdiction was invoked on the ground that the matter in controversy exceeded, exclusive of interest and costs, the sum or value of $3,000 and arose under the Constitution and laws of the United States. 1 No other ground of juris *226 diction was asserted. That the matter in controversy exceeded, exclusive of interest and costs, the sum or value of $3,000 is conceded. The question is whether it arose under the Constitution or laws of the United States.

The amended complaint, hereafter called the complaint, was in two counts. Each count stated, in substance, that appellant was at all pertinent times the owner and holder of 438 shares of the capital stock of The Anglo & London Paris National Bank, a national banking…

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