Koll v. Wayzata State Bank
Decision Date | 05 July 1968 |
Docket Number | No. 19080.,19080. |
Citation | 397 F.2d 124 |
Parties | Bernard E. KOLL, Appellant, v. WAYZATA STATE BANK et al., Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
Jerome Daly, Savage, Minn., for appellant.
William E. Falvey, Asst. U. S. Atty., Minneapolis, Minn., for Joyce A. Swan, Federal Reserve Agent, for appellees and filed brief for the Federal Reserve Bank of Minneapolis.
Before MEHAFFY, GIBSON and LAY, Circuit Judges.
Plaintiff brings this action against the Wayzata State Bank and its officers; the Federal Reserve Bank of Minneapolis, Joyce A. Swan, the "Federal Reserve Agent"; First National Bank of Minneapolis; Northwestern National Bank of Minneapolis; and Eileen Cronk, his former wife; for damages allegedly arising out of a conspiracy to deprive him of "rights, privileges and immunities" secured by the Declaration of Independence, Constitution of the United States and the Constitution of the State of Minnesota. The suit alleges it is for $4,250,000.00. Upon motion to dismiss the complaint for failure to state a claim or for lack of jurisdiction, the trial court without opinion dismissed plaintiff's suit.
Beyond the above description it is impossible from the brief or record to interpret further plaintiff's contentions. The complaint occupies 16 printed pages of disconnected, incoherent and rambling statements. We dismiss for lack of jurisdiction.
Plaintiff is represented by a lawyer, whose unreachable quest is a judicial decree of unconstitutionality of the federal income tax and the federal reserve and monetary system of the United States. See Daly v. United States, 393 F.2d 873 (8 Cir. filed April 11, 1968).1 Cf. Horne v. Federal Reserve Bank of Minneapolis, 344 F.2d 725 (8 Cir. 1965). The present complaint could have been dismissed for failure to comply with Fed.R.Civ.P. 8(a) and 8(e) (1)2 in that it is "confusing, ambiguous, redundant, vague" and a completely unintelligible statement of argumentative fact. See Wallach v. City of Pagedale, Mo., 359 F.2d 57 (8 Cir. 1966) and Wallach v. City of Pagedale, 376 F.2d 671 (8 Cir. 1967). At best the complaint represents a euphoric harassment of bank officials, lawyers and federal courts. It is difficult to accept that the complaint has been drafted by a person licensed to practice law. To demonstrate the muddled allegations we briefly summarize from the complaint in plaintiff's language:
We have briefly detailed this summary to demonstrate the total obfuscation of the pleading. It is impossible for any party or court to understand plaintiff's alleged claim or damage. No responsive pleading could intelligently be filed by defendants. Cf. Cole v. Riss & Co., 16 F.R.D. 116 (W.D.Mo.1954); Wallach v. City of Pagedale, Mo., 359 F.2d 57 (8 Cir. 1966). We, therefore, conclude the complaint should have been stricken for failure to comply with Fed. R.Civ.P. 8(a) and 8(e). See Legg v. United States, 353 F.2d 534 (9 Cir. 1965); Car-Two, Inc. v. City of Dayton, 357 F.2d 921 (6 Cir. 1966). However, if this were the sole basis of the lower court's dismissal, the court should have allowed plaintiff sufficient time to amend and plead in compliance with the rules. The lower court did not specify upon which ground or grounds of defendants' motion to dismiss it was relying. We do not assume, in absence of an order giving leave to amend, that the complaint was dismissed under Fed.R.Civ.P. 8(a). In any event, it would be improper for us to affirm dismissal under Fed.R.Civ.P. 8. Cf. Klebanow v. New York Produce Exchange, 344 F.2d 294 (2 Cir. 1965). And it is clear that a dismissal under Fed.R.Civ.P. 8 would not be an appealable order since it would be lacking finality. Dann v. Studebaker-Packard Corporation, 253 F.2d 28 (6 Cir. 1958).
We affirm dismissal since the complaint fails to establish any grounds for federal jurisdiction. The federal courts are courts of limited jurisdiction. Essential to jurisdiction must be a stated "case or controversy." This must be disclosed by the plaintiff's complaint. The only complaint we can glean from the pleading filed is plaintiff's dissatisfaction with the monetary system of the United States of America. But a party cannot seek advisory opinions of the court on constitutional issues without some direct relation or damage involved. Cf. Flast v. Cohen, 392 U.S. 83, 88 S. Ct. 1942, 20 L.Ed.2d 947 (June 10, 1968).
Plaintiff does not assert, nor could he, federal jurisdiction under 28 U.S.C. § 1331 or § 1391. Plaintiff has not shown that his damage "arises under" federal law or the United States' Constitution. Cf. Pan Am. Petroleum Corp. v. Superior Court, 366 U.S. 656, 81 S.Ct. 1303, 6 L.Ed.2d 584 (1961). He relies upon Minnesota law...
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