Wilson v. Hinman
| Citation | 172 F.2d 914 |
| Decision Date | 09 February 1949 |
| Docket Number | 3809.,No. 3808,3808 |
| Parties | WILSON v. HINMAN et al. WILSON v. POWERS et al. |
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
Daisy D. Wilson, pro se.
George Powers, of Wichita, Kan., for appellees.
Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.
Daisy D. Wilson appeals, pro se, from judgments of the United States District Court of Kansas, dismissing her two suits for damages.
Appellant, who was living in Wichita, Kansas, entered a $10,000 cosmetics sales contest sponsored by the Marena Company of Des Moines, Iowa. On February 2, 1938, she received a letter from Mr. Hinman, Manager of the Business Protective Bureau, of the Wichita Chamber of Commerce, stating that it would be to her interest to call at his office and receive information concerning the Company sponsoring the sales contest. After calling at the office of Mr. Hinman appellant refrained from further participation in the contest.
In February 1948, approximately ten years later, appellant filed this suit against Hinman and the Wichita Chamber of Commerce, seeking damages for having been allegedly forced from participating in the sales contest by their threats of imprisonment. After a motion to dismiss was filed, she brought suit against their counsel, seeking damages for an alleged conspiracy to prevent her from obtaining proper redress.
In Case No. 3808, against Hinman and the Chamber of Commerce, the trial court found lack of diversity of citizenship; no cause of action; and, that the action was barred by limitations. In Case No. 3809, against counsel, the court found lack of diversity of citizenship and no cause of action, and entered judgments dismissing each case.
We do not have the benefit of any formal pleadings on behalf of the appellant from which to judge the nature or form of her causes of action. She is an elderly person, almost totally deaf, and from her writings, appearance and statements in this court, it is apparent that she has only the vaguest conception of the legal nature or import of her expressed grievances. She does, however, complain of a deprivation of her civil rights, and invokes Sections 43 and 47 of the Civil Rights Act, 8 U.S.C.A., as the basis for her claims for damages.
Piecing together her incoherent statements, written and oral, to this court, we apprehend that the burden of appellant's grievances, when reduced to its legal significance, is that the Chamber of Commerce and its officers, acting under color of law, have deprived her of her constitutional right to follow a legitimate calling or business, i. e. selling cosmetics from door to door; and, that by their...
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