Filed: Nov. 13, 2003
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D November 13, 2003 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 03-60223 _ TONY L OWENS, Individually and on Behalf of All Others Similarly Situated, Plaintiff - Appellee, versus PHILADELPHIA AMERICAN LIFE INSURANCE CO., Defendant - Appellant. _ Appeal from the United States District Court for the Northern District of Mississippi (No. 1:00-CV-509) _ Before SMITH, BARKSDALE, and CLEMENT, Circu
Summary: United States Court of Appeals Fifth Circuit F I L E D November 13, 2003 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk _ No. 03-60223 _ TONY L OWENS, Individually and on Behalf of All Others Similarly Situated, Plaintiff - Appellee, versus PHILADELPHIA AMERICAN LIFE INSURANCE CO., Defendant - Appellant. _ Appeal from the United States District Court for the Northern District of Mississippi (No. 1:00-CV-509) _ Before SMITH, BARKSDALE, and CLEMENT, Circui..
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United States Court of Appeals
Fifth Circuit
F I L E D
November 13, 2003
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
__________________________
No. 03-60223
__________________________
TONY L OWENS, Individually and on Behalf of All Others Similarly Situated,
Plaintiff - Appellee,
versus
PHILADELPHIA AMERICAN LIFE INSURANCE CO.,
Defendant - Appellant.
___________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi
(No. 1:00-CV-509)
___________________________________________________
Before SMITH, BARKSDALE, and CLEMENT, Circuit Judges.
*
PER CURIAM:
This proposed class action was filed in federal court based on diversity jurisdiction.
Because both parties concede that the named Plaintiff cannot satisfy the amount in
controversy requirement, 28 U.S.C. ยง 1332(a), and because we have no basis to doubt this,
*
Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should
not be published and is not precedent except under the limited circumstances set forth
in 5th Cir. R. 47.5.4.
we VACATE the order of certification and REMAND for dismissal for want of jurisdiction.
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