Miller v. Maverik Country Stores, Inc.
Opinion
Lead Opinion
MEMORANDUM **
Patrick Miller d/b/a The Pit Stop (“Pit Stop”) appeals the district court’s assertion of jurisdiction over this case and subsequent grant of summary judgment in favor of Maverik Country Stores, Inc. (“Maverik”). We reverse and remand to the district court for further findings on whether the amount in controversy necessary for diversity jurisdiction has been satisfied. Because we reverse and remand on the jurisdictional issue, we do not reach the merits of the district court’s summary judgment ruling.
The parties are familiar with the facts and we recite them only as necessary for this disposition. Pit Stop and Maverik operate gasoline stations in Wendell, Idaho and compete against each other in the sale of retail gasoline. In 1999, Pit Stop sued Maverik in state court alleging that Maverik sold gasoline at “less than cost” (as defined by I.C. § 48-403) and engaged in unfair competition by pricing its gasoline lower than fair market value (in violation of I.C. § 48-102). Pit Stop sought “damages in such sum exceeding $10,000 [as] proven up at trial,” injunctive relief against further violation of Idaho law, and attorneys’ fees.