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3 F.R.D. 43

Kent v. Burwick

Massachusetts District Court

Decided November 25, 1942

Massachusetts District Court · decided 1942-11-25

Cited by 1 later decisions — most recently October 1943

1 state decisions

Relies on St Paul Mercury Indemnity Co v. Red Cab Co

Good law ✅— No negative treatment on recordhow we know

Decided 1942-11-25

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FORD, District Judge.

¶1I think it does not appear from the plaintiff’s complaint and the facts presented to me at the hearing on the defendant’s motion to dismiss that it is a legal certainty the plaintiff cannot recover in an amount sufficient to confer jurisdiction on this court. Consequently, the defendant’s motion to dismiss is denied. St. Paul Mercury Indemnity Co. v. Red Cab Company, 303 U.S. 283, 288, 289, 58 S.Ct 586, 82 L.Ed. 845.

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