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DUNN v. PEPSI-COLA METRO. BOTTLING CO.

No. C 94-0016 WHO.

850 F.Supp. 853 (1994)

Terri DUNN, Plaintiff, v. PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., Defendant.

United States District Court, N.D. California.

April 20, 1994.

Attorney(s) appearing for the Case

Walter M. Schey, Walter M. Schey Law Offices, San Francisco, CA, for plaintiff.

Robert M. Cassel, Sullivan Roche & Johnson, San Francisco, CA, Robert T. Zielinski, Richard E. Lieberman, Ross & Hardies, Chicago, IL, for defendant.

OPINION AND ORDER

ORRICK, District Judge.

In a motion to remand this case to state court, plaintiff raises a question of first impression; namely, whether in a diversity action she can escape federal jurisdiction by limiting her recovery in the ad damnum clause in the prayer of the complaint, filed in a California court, to an amount just below the jurisdictionally required $50,000. Plaintiff claims that, notwithstanding her damage allegations of...

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