Muller v. Groban, No. 14780.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtDUFFY, CASTLE, and SWYGERT, Circuit
Citation346 F.2d 263
PartiesJuan E. MULLER, Domingo Occhiuto, and Ingeniero Enrique Pagliettini, d/b/a Bigua, S.R.L., Plaintiffs-Appellants, v. Raymond S. GROBAN, Dora Groban, and Sidney J. Groban, d/b/a Groban Supply Co., Defendants-Appellants.
Docket NumberNo. 14780.
Decision Date08 April 1965

346 F.2d 263 (1965)

Juan E. MULLER, Domingo Occhiuto, and Ingeniero Enrique Pagliettini, d/b/a Bigua, S.R.L., Plaintiffs-Appellants,
v.
Raymond S. GROBAN, Dora Groban, and Sidney J. Groban, d/b/a Groban Supply Co., Defendants-Appellants.

No. 14780.

United States Court of Appeals Seventh Circuit.

April 8, 1965.


346 F.2d 264

Thomas W. Bloss, George W. Rauch, Charles A. Kelly, Chicago, Ill. (Hubachek, Kelly, Miller & Rauch, Chicago, Ill., of counsel), for plaintiffs-appellants.

Irwin I. Zatz, Howard Arvey, Edwin A. Wahlen, Chicago, Ill. (Arvey, Hodes & Mantynband, Chicago, Ill., of counsel), for defendants-appellees.

Before DUFFY, CASTLE, and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

Plaintiffs Juan E. Muller, Domingo Occhiuto, and Ingeniero Enrique Pagliettini, d/b/a Bigua, S.R.L., an Argentine company, brought this diversity action against defendants Raymond S. Groban, Dora Groban, and Sidney J. Groban, d/b/a Groban Supply Co. of Chicago. The action was for breach of a contract in which the Groban company agreed to sell Bigua two unused marine engine assemblies. The complaint alleged that Groban shipped plaintiff used, partially reconditioned engine assemblies and that plaintiff's customers refused to accept them. Damages in the amount of $57,970, together with interest, was demanded. The complaint listed the separate items of damages. These included $3,590 as the difference between the purchase price of the assemblies and their actual value, $6,000 as the cost of replacement goods "for fulfillment of Plaintiffs' customer's contract," and $1,000 for shipping expenses of replaced items.

On its own motion the district court issued a rule to show cause why the complaint should not be dismissed for failure to allege in good faith the requisite jurisdictional amount. After once continuing the hearing on the rule to show cause, the court entered an order which recited that "as a matter of law and upon the face of the complaint, the consequential damages alleged therein are not a proper measure of damages." The complaint was dismissed for the reason that the amount in controversy, exclusive of interest and costs, did not exceed the sum of $10,000 as required by section 1332 of the Judicial Code, 28 U.S.C. § 1332.

The contract was attached as an exhibit to the complaint and indicates that the engine assemblies were being shipped to plaintiff's customer, Ramser-Brouch Maritima Y Pesquera, S.R.L., Buenos Aires. Plaintiff states that if permitted to prove its case, the bills of lading and invoices will show that the engines were shipped "c and f" to Buenos Aires from the United States Naval Surplus Stores in Norfolk, Virginia.1 On this basis plaintiff claims...

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6 practice notes
  • Twohy v. First Nat. Bank of Chicago, No. 83-2800
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 29, 1985
    ...of law rules. See Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 1021, 85 L.Ed. 1477 (1941); Muller v. Groban, 346 F.2d 263, 265 (7th Cir.1965). The district court did not specifically utilize the Illinois conflict of law principles to determine which law would g......
  • Banks v. Trainor, Nos. 75--1621
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 19, 1975
    ...Controls Corp. v. Vesco, 490 F.2d 1334, 1347 (2d Cir. 1974); Hulburt Oil & Grease Co. of Pa. v. Hulburt Oil & Grease Co. of Ill., supra, 346 F.2d at 263. The preliminary injunction granted below is a proper exercise of that discretion. See Nelson v. Likins, 389 F.Supp. 1234 (D.Minn.1974), a......
  • AMERICAN EUTECTIC WELD. AL. SALES CO. v. García-Rodríguez, Civ. No. 104-72.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • January 3, 1973
    ...jurisdictional amount, is bound to uphold jurisdiction, at least at this stage of the case, and in this type of motion. Muller v. Groban, 346 F.2d 263 (7 Cir., 1965); Matthiesen v. Northwestern Mutual Ins. Co., 286 F.2d 775 (5 Cir., 1961); Arnold v. Troccoli, 344 F.2d 842 (2 Cir., 1965). AB......
  • E360 Insight Inc. v. the Spamhaus Project, Nos. 10–3538
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 2, 2011
    ...the proper measure of damages. See Europlast, Ltd. v. Oak Switch Systems, Inc., 10 F.3d 1266, 1276 (7th Cir.1993); Muller v. Groban, 346 F.2d 263, 265 (7th Cir.1965); Weakley v. Fischbach & Moore, Inc., 515 F.2d 1260, 1267 (5th Cir.1975). On this question of state law, our review of those l......
  • Request a trial to view additional results
6 cases
  • Twohy v. First Nat. Bank of Chicago, No. 83-2800
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • March 29, 1985
    ...of law rules. See Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 1021, 85 L.Ed. 1477 (1941); Muller v. Groban, 346 F.2d 263, 265 (7th Cir.1965). The district court did not specifically utilize the Illinois conflict of law principles to determine which law would g......
  • Banks v. Trainor, Nos. 75--1621
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 19, 1975
    ...Controls Corp. v. Vesco, 490 F.2d 1334, 1347 (2d Cir. 1974); Hulburt Oil & Grease Co. of Pa. v. Hulburt Oil & Grease Co. of Ill., supra, 346 F.2d at 263. The preliminary injunction granted below is a proper exercise of that discretion. See Nelson v. Likins, 389 F.Supp. 1234 (D.Minn.1974), a......
  • AMERICAN EUTECTIC WELD. AL. SALES CO. v. García-Rodríguez, Civ. No. 104-72.
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • January 3, 1973
    ...jurisdictional amount, is bound to uphold jurisdiction, at least at this stage of the case, and in this type of motion. Muller v. Groban, 346 F.2d 263 (7 Cir., 1965); Matthiesen v. Northwestern Mutual Ins. Co., 286 F.2d 775 (5 Cir., 1961); Arnold v. Troccoli, 344 F.2d 842 (2 Cir., 1965). AB......
  • E360 Insight Inc. v. the Spamhaus Project, Nos. 10–3538
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • September 2, 2011
    ...the proper measure of damages. See Europlast, Ltd. v. Oak Switch Systems, Inc., 10 F.3d 1266, 1276 (7th Cir.1993); Muller v. Groban, 346 F.2d 263, 265 (7th Cir.1965); Weakley v. Fischbach & Moore, Inc., 515 F.2d 1260, 1267 (5th Cir.1975). On this question of state law, our review of those l......
  • Request a trial to view additional results

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