Leimer v. Reeves, 14160.
| Citation | 184 F.2d 441 |
| Decision Date | 18 October 1950 |
| Docket Number | No. 14160.,14160. |
| Parties | LEIMER v. REEVES, United States District Judge. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
W. A. Leimer on brief for petitioner.
William A. Moran, Special Litigation Attorney, Office of Housing Expediter, Washington, D. C. Ed Dupree, General Counsel, Leon J. Libeu, Assistant General Counsel, Cecil H. Lichliter, Special Litigation Attorney, Washington, D. C. and Joseph E. Babka, Chief, Litigation Section, St. Louis, Mo., were with him on the brief), for respondent.
Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.
In this proceeding petitioner seeks a writ of prohibition directed to the Honorable Albert L. Reeves, United States District Judge for the Western District of Missouri, prohibiting him from taking further cognizance of a suit now pending before him in which Tighe E. Woods, Housing Expediter, is plaintiff and the petitioner herein is defendant. It is alleged in the petition in this proceeding that petitioner is the lessee of certain property located in Kansas City, Missouri, comprising eight apartments and one dwelling unit which he sublets; that in said suit Tighe E. Woods as Housing Expediter claims that defendant, petitioner herein, has exceeded the maximum fixed by the rent control law and seeks to recover triple penalties in the way of damages; that in said suit defendant claims that the property is renting at a loss; that he is entitled to a reasonable return on the investment in said property; that the rent allowed by the rent control is inadequate and confiscatory; that as defendant in that action he has made repeated attempts to secure a fair amortized return on his property through the administrative processes of the Housing and Rent Control Act, 50 U.S.C.A. Appendix, § 1881, et seq., but that through the connivance of the plaintiff, his agents and employees, he has been denied such relief in violation of the decision of the Supreme Court of the United States; that the alleged excessive rental charges at no time exceeded the net fair income on such property but as defendant in said action he is to be denied an opportunity to present such testimony and evidence as would sustain his contention and he is being wrongfully excluded from said court and has no remedy as he lacks an opportunity to make a record that will establish facts upon appeal to this or the United States Supreme Court.
The petition contains many irrelevant allegations charging wilful and corrupt misconduct on the part of the Housing Expediter, his agents and employees, in the performance of their duties, which do not go to the question of the jurisdiction of the court to hear and determine the issues in said action even though it is alleged that the petitioner has conveyed or attempted to convey to Judge Reeves knowledge of the alleged acts of misconduct on behalf of the Expediter, his agents and employees. It is also alleged that petitioner has unsuccessfully sought to enlist the services of the United States Attorney General in the exposure of the alleged illegal practices of the Housing Expediter and his agents; that he has heretofore applied to this court for relief in the nature of mandamus against the Honorable Albert L. Reeves, to compel him to exercise the functions of his office and to allow and permit petitioner herein to make record, and to grant relief against the Housing Expediter, his agents and employees, but that his application was denied, 180 F. 2d 891; that he is endeavoring to perfect an appeal from the decision of this court to the Supreme Court but that during the interim and before he has had an opportunity to perfect an appeal, the Housing Expediter, his agents and employees, are attempting to trick and defraud him and to have the case tried in the United States District Court before he can perfect his appeal to the United States Supreme Court. It is also alleged that the Expediter, his agents and employees, have secreted valuable evidence, the nature of which is not disclosed; that petitioner is being persecuted because of his political activities and is being denied the right to manage his property and that the respondent has failed and refused to grant petitioner any protection or any relief of a court of equity. It is also alleged that petitioner has made demand upon respondent for a jury trial, which has been denied; that the Housing Acts are violative of the spirit and letter of the Constitution of the United States and the Fifth Amendment thereto, as well as Article III. The petition contains many other...
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