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FACELLA v. HOME FIRE AND MARINE INSURANCE CO. OF CAL.

Civ. A. No. 779-59.

184 F.Supp. 838 (1960)

Vito FACELLA and Shirley C. Facella, Plaintiffs, v. HOME FIRE AND MARINE INSURANCE COMPANY OF CALIFORNIA, Defendant.

United States District Court D. New Jersey.

June 16, 1960.

Attorney(s) appearing for the Case

Joseph P. Rose, Newark, N. J., for plaintiffs.

Toner, Crowley, Woelper & Vanderbilt, Newark, N. J., by John A. Ackerman, Newark, N. J., Howard S. Mitnick, Newark, N. J., on the brief, for defendant.

HARTSHORNE, District Judge.

This case was removed from the Superior Court of New Jersey, Law Division, by the defendant, and plaintiffs have now moved to remand to the New Jersey Court, alleging by affidavit that the amount in controversy is below the necessary $10,000 jurisdictional sum. Defendant contends that the removal was proper and that the amount in controversy must be governed by the complaint at the time of the removal. At that time the complaint alleged...

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