1. In BIGGS v. PUBLIC SERVICE COORDINATED TRANSPORT, 280 F.2d 311, 31314 (3d Cir. 1960), a diversity...

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1. In BIGGS v. PUBLIC SERVICE COORDINATED TRANSPORT, 280 F.2d 311, 313–14

(3d Cir. 1960), a diversity of citizenship case, defendant generally denied plaintiff’s jurisdictional allegations, including an express claim that defendant was a New Jersey corporation. The court stated:

We cannot for a moment believe that defendant’s counsel was denying in good faith that his client was a New Jersey corporation. We think the only fair interpretation of the pleading in this case is that the denial does not run to the allegation of defendant’s citizenship. Therefore, that allegation must be deemed to be admitted.

Is it significant that defendant, in addition to the general denial, specifically denied the allegation that the amount in controversy exceeded the minimum jurisdictional amount?

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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