Aetna Casualty & Surety Co. v. Flowers

330 U.S. 464 (1947)

Facts

This action for death benefits under the Workmen's Compensation Law of Tennessee was commenced in 1945 by P in the Chancery Court of Hawkins County. Ds are the former employer of her deceased husband and the employer's insurance carrier. Service was had on the insurance carrier in Hawkins County, and on the employer in Knox County. P is a citizen of Tennessee, the employer is a North Carolina corporation, and the insurance carrier is a Connecticut corporation. P alleged that her husband died as a result of an accident occurring in the course of his employment. Burial expenses plus benefits in the amount of $5,000, the maximum under the Tennessee statute, were sought on behalf of P and her two minor children, aged twelve and fifteen. Ds removed the action to federal court. In the federal court, Ds moved for dismissal on the ground that venue was not properly laid in the Hawkins County Court, so that under Tennessee law that court had lacked jurisdiction. P sought a remand of the case to the state court, contending that the jurisdictional amount was not met.  The court ruled that the suit was not removable because it was not one of a civil nature in law or equity. The District Court concluded that Hawkins County was not the proper venue. It dismissed the action without reaching the questions raised by for a remand. The Circuit Court of Appeals held that the jurisdictional minimum of $3,000 was not present, and therefore ordered the case remanded to the state court. The Supreme Court granted certiorari as to the jurisdictional minimum requirement.