Aetna Casualty & Surety Co. v. Flowers, 330 U.S. 464 (1947)

Aetna Casualty & Surety Co. v. Flowers

No. 432

Argued February 13, 1947
Decided March 10, 1947
330 U.S. 464

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SIXTH CIRCUIT

Syllabus

1. The action of a circuit court of appeals in directing a remand to a state court is reviewable here, and the jurisdiction of this Court is not defeated by the fact that the mandate of the circuit court of appeals has issued. Pp. 466-467.

2. A suit for death benefits in the amount of $5,000 under the Workmen’s Compensation Law of Tennessee held to involve the sum of $3,000 requisite to the jurisdiction of a federal district court on the ground of diversity of citizenship, notwithstanding that, under the state law, an award would be payable in installments and, by operation of conditions subsequent, the payments might be terminated before totaling $3,000. Pp. 467-468.

3. Since the other grounds relied on by the respondent to sustain the judgment of the circuit court of appeals were not passed upon by that court nor adequately presented here, the case is remanded to the circuit court of appeals for consideration of those questions. P. 468.

154 F.2d 881, reversed.

Respondent’s suit against petitioners in a state court, to recover death benefits under the Workmen’s Compensation Law of Tennessee, was removed to a federal district court on the ground of diversity of citizenship. The district court dismissed the action for want of proper venue. The Circuit Court of Appeals held that the requisite jurisdictional amount was not involved, and directed remand to the state court. 154 F.2d 881. This Court granted certiorari. 329 U.S. 699. Reversed and remanded, p. 468.