Vraney v. County of Pinellas
Decision Date | 03 January 1958 |
Docket Number | No. 16739.,16739. |
Citation | 250 F.2d 617 |
Parties | Lawrence VRANEY, Appellant, v. COUNTY OF PINELLAS et al., Appellees. |
Court | U.S. Court of Appeals — Fifth Circuit |
J. C. Davant, Clearwater, Fla., for appellant.
C. Ray Smith, J. D. Hobbs, Jr., St. Petersburg, Fla., Cramer, Smith & Hobbs, St. Petersburg, Fla., for appellees.
Before RIVES, BROWN and WISDOM, Circuit Judges.
There are several averments in the complaint that the County has issued bonds effected by the acts complained of in the principal sum of more than $3,000.00 and that the County has invested funds in excess of $3,000.00 in purchasing land and buying equipment to carry on said business, but there is no averment showing or tending to show that the value to the plaintiff of the object or right sought to be enforced exceeds the sum or value of $3,000.00, exclusive of interest and costs. Under the decisions in taxpayers' actions, as well as others, the value of the plaintiff's right sought to be enforced must exceed the jurisdictional amount in order to confer federal jurisdiction. 28 U.S.C.A. § 1332(a); Walter v. Northeastern Railroad Co., 1893, 147 U.S. 370, 13 S.Ct. 348, 37 L.Ed. 206; Northern Pacific Railroad Co. v. Walker, 1893, 148 U.S. 391, 13 S.Ct. 650, 37 L.Ed. 494; Citizens' Bank of Louisiana v. Cannon, 1896, 164 U.S....
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...resolved with respect to the plaintiff's rights. Id.; Louisville & Nashville R.R. Co. v. Smith, 128 F. at 5; and Vraney v. County of Pinellas, 250 F.2d 617, 618 (5th Cir.1958) (citing earlier Supreme Court opinions for the position that the value of the plaintiff's right to be protected is ......
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...of Pinellas, a non-resident property owner and taxpayer brought a diversity action to enjoin a county waterworks program. 250 F.2d 617 (5th Cir.1958) (per curiam). Even though the complaint clearly alleged that the value of the waterworks program to the defendant county exceeded the amount ......
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..."[t]he value to the plaintiff of the right to be enforced or protected determines the amount in controversy"); Vraney v. County of Pinellas, 250 F.2d 617, 618 (5th Cir. 1958) ("[T]he value of the plaintiff's right sought to be enforced must exceed the jurisdictional amount in order to confe......
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