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Artarian v. Erie Insurance Exchange

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 27, 1985

ARTIN ARTARIAN
v.
ERIE INSURANCE EXCHANGE, F. WILLIAM HIRT, ARTIN ARTARIAN, APPELLANT

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA (D.C. Civil No. 83-4223) District Judge: Hon. Raymond J. Broderick

Author: Gibbons

Before: GIBBONS, SLOVITER, VAN DUSEN, Circuit Judges

MEMORANDUM OPINION OF THE COURT

GIBBONS, Circuit Judge :

Artin Artarian appeals from an order dismissing his diversity action against Erie Insurance Exchange and F. William Hirt. The trial court concluded that to a legal certainty Artarian could not prove a claim satisfying the jurisdictional amount requirement in 28 U.S.C. ยง 1332 (1982). Artarian's complaint seeks punitive damages of $300,000, but the facts which he alleges would not support the award of punitive damages in any amount. The trial court did not err, therefore, in dismissing the complaint. The judgment appealed from will be affirmed.

19850327

© 1998 VersusLaw Inc.



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