Beruflich Dokumente
Kultur Dokumente
____________________
No. 95-1475
ROY A. DAY,
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
for appellees.
____________________
____________________
Per Curiam.
___________
appeals pro
___
se from
__
Plaintiff-appellant,
Roy
A.
dismissal of
Day,
his
Fed. R. Civ. P.
affirmance.
12(b)(1).
Day
has
moved
for
summary
for summary
reversal.
We
I.
Diversity Jurisdiction
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"Once challenged,
. .
, the
party seeking
to
invoke
jurisdiction
has
the
burden
a legal
certainty
that the
jurisdictional
amount.
amending
pleadings
the
alleging
with
claim
involves less
party may
or
of
by
meet
the
this burden
submitting
than
by
affidavits."
Day
amend
the
has failed
pleadings or
appellees' motion
to meet
submit
to dismiss.
his burden.
affidavits
Although
of
the computer
was only
$2,385.
He
did not
in response
to
Therefore, even
price
if the
completely
useless
compensatory
(which
damages
would
Day
admits
not
it
approach
did
not),
$50,000.
the
The
business losses.
-2-
Whether
Massachusetts or
Florida law
controls (a
pain and
on these facts.
Therefore,
indicating that it is
to plead
facts
his claims
II.
Fed.
R. Civ. P. 12(b)(1)
and 12(b)(6).
pursuant to both
appeal
that the
"moot"
because the
Clayton Acts
adequacy
of the
district
jurisdictional amount
complaint arises
under the
court's
12(b)(1)
Day argues on
1331.
dismissal on
is
Sherman and
is federal question
any
independently
sufficient ground,
including failure
to state a
claim. See
___
The
Clayton
basis of
Acts is
that
Day's claims
under the
defendants engaged
Sherman and
in the
"monopolistic practices":
deny[ing]
citizens
additional
. . .
for NEC
which
fraud,
is
with
misrepresentations
and half-truths,'. . . .
-3-
replete
following
such a range of
appellant's
memory
"[W]ith
dissatisfaction with
the cost of
would result in
enhancing the
his purchasing a
The complaint
memory
prices.
for
the
It also
having a monopoly
286V
alleges
at
that NEC
unreasonable
alleges, however,
sells
and
that
additional
noncompetitive
NEC --
far from
in the
supply of additional
RAM for
The
effect
of restraining
the
alleged
competition or
creating a
monopoly.
to
complaint is affirmed.
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Appellees' request
court
is denied.
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Appellees may
file
a motion
with
the
district court
-4-
future filings if