KECK v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 15337.

359 F.2d 840 (1966)

Richard B. KECK, Plaintiff-Appellant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

April 6, 1966.


Attorney(s) appearing for the Case

John J. Enright, William J. Costello, Chicago, Ill., for appellant. Arvey, Hodes & Mantynband, Chicago, Ill., of counsel.

Donald N. Clausen, Jacob T. Pincus, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for appellee.

Before CASTLE and SWYGERT, Circuit Judges, and GRANT, District Judge.


SWYGERT, Circuit Judge.

The plaintiff, Richard B. Keck, appeals from the dismissal of a complaint seeking relief under the Declaratory Judgment Act, 28 U.S.C. § 2201, for its failure to meet the $10,000 jurisdictional requirement in diversity actions, 28 U.S.C. § 1332.

The defendant, Fidelity and Casualty Company of New York, a New York corporation, issued a health and accident insurance policy to the plaintiff, a citizen of Illinois, in 1955. The...

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