Meredith v. Van Oosterhout, 16528.

• Decision Date: 21 December 1960
• Docket Number: No. 16528.,16528.
• Citation: 286 F.2d 216
• Parties: M. M. MEREDITH, Appellant, v. Martin D. VAN OOSTERHOUT, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

286 F.2d 216 (1960)

M. M. MEREDITH, Appellant, v. Martin D. VAN OOSTERHOUT, Appellee.

No. 16528.

United States Court of Appeals Eighth Circuit.

December 21, 1960.

M. M. Meredith, Atlantic, Iowa, pro se.

Roy W. Meadows, U. S. Atty., Des Moines, Iowa, for appellee.

Before VOGEL, MATTHES and BLACKMUN, Circuit Judges.

PER CURIAM.

M. M. Meredith, the appellant herein, commenced this action on February 10, 1960, in Iowa state district court, asking a money judgment against the appellee, Martin D. Van Oosterhout, a duly appointed and qualified United States Circuit Judge for the Eighth Circuit. The complaint alleged that the appellant has been injured because the appellee, "acting in his official capacity * * * adjudicated Civil Action No. 15666 and Civil Action No. 16036"; "* * * that defendant appellee made the aforesaid two adjudications in bad faith; that he knowingly and intentionally made them in a dishonest manner; and that he thereby wantonly and maliciously violated the obligation which he had assumed when he took his oath of office." To the complaint the appellant attached and made a part thereof an "appendix", which document consisted of Counts 1 to 7, inclusive, wherein appellant claimed to set forth the "official acts" on which his claim was based. At the same time the appellant filed certain motions with the Iowa state district court: 1) asking that the state court rule that the case be not transferred to any federal court, mainly on the assertion that he had reasonable grounds for believing that he would be unable to obtain a fair hearing or trial of the case "in any federal court", that if appealed the appellate court would affirm the decision of the lower court and that an application for writ of certiorari to the Supreme Court would be denied; 2) that a hearing be had on his motions and that he be allowed to testify; 3) that no United States Attorney acting officially be permitted to participate in the case excepting when the motions were being considered.

On February 24, 1960, the appellee, acting by and through the United States Attorney for the Southern District of Iowa, who had been duly authorized by the Attorney General of the United States to represent him, filed petition and bond to remove the case to the United States District Court, pursuant to the provisions of §§ 1442(a) and 1446, Title 28 U.S.C.A. After the case was removed, the appellant, on March 3, 1960, filed a motion in the Iowa state district court, asking that court to hold the removal null and void on the grounds that the removal was "illegal" and "* * * would have the effect of requiring plaintiff to submit an issue for decision to a court which he has reasonable grounds for believing would not accord him a fair Hearing nor an honest Decision."

The appellee, through the United States Attorney, filed answer in the United States District Court alleging 1) that the appellant had failed to state a claim upon which relief could be granted; 2) that appellant's petition alleged that the appellee was a judicial officer of the United States of America during the commission of all the acts alleged and at all times material thereto; 3) that during the commission of all acts alleged by appellant and at all times material thereto appellee was a judicial officer of the United States of America and acting within the limits of his jurisdiction and that by reason thereof no action could lie against him; and 4) stated that he is and was during all times material a Judge of the United States Court of Appeals for the Eighth Circuit and that in his official capacity and as a member of such court he participated in the two civil actions referred to in the complaint and denied all other allegations of the complaint.

Thereafter, and on March 11, 1960, the appellee filed his motion for summary judgment upon the grounds that appellant had failed to state a claim upon which relief could be granted. Hearing on the motion was set for April 5, 1960. On March 29, 1960, appellant filed a "Limited Appearance of Plaintiff", mainly for the purpose of bringing to the attention of the United States District Court the fact that he had filed a motion with the state court claiming that the transfer or removal of the case was null and void. At the hearing on April 5, 1960, the appellant failed to appear either in person or by counsel. The District Court held that it had jurisdiction over the parties and the subject matter and sustained appellee's motion for summary judgment dismissing appellant's complaint with prejudice and costs. This appeal followed.

Appellant is a farm implement dealer in Iowa. He has been admitted to the bar of that state and appears in his own behalf. For a period of years (since 1950) he has been subjecting the John Deere Plow Company to a series of lawsuits instituted by him pro se and based on the theory that he has been deprived of certain alleged contractual rights to represent the Plow Company in Iowa territory. We take official cognizance of our records with reference thereto. The first of such suits, Meredith v. John Deere Plow Co., D.C., 89 F.Supp. 787, was brought to recover damages for alleged breach by the Plow Company of his claimed oral contract of dealership or agency. The District Court dismissed because the relationship alleged was, on its face, one that under the law of Iowa was terminable at will and accordingly unenforceable. Such action was affirmed by the United States Court of Appeals on December 20, 1950, 8 Cir., 185 F.2d 481, certiorari denied, 341 U.S. 936, 71 S.Ct. 856, 95 L.Ed. 1364. A second suit on the same grounds was dismissed in the District Court and affirmed by the United States Court of Appeals on July 31, 1953, 8 Cir., 206 F.2d 196, certiorari denied, 346 U.S. 898, 74 S.Ct. 223, 98 L.Ed. 399.

Meredith's alleged claim against the John Deere Plow Company was fully and conclusively adjudicated against him in the two foregoing cases. At the time such decisions were rendered, the appellee herein was not even a member of the United States Court of Appeals for the Eighth Circuit and did not and could not have participated in any way therein.

The two suits referred to in appellant's complaint and in which the appellee did participate as one of three judges followed the two cases just referred to and were based on the same subject matter. Civil Action No. 15,666 is Meredith v. John Deere Plow Co., 8 Cir., 244 F.2d 9, certiorari denied, 355 U.S. 831, 78 S.Ct. 44, 2 L.Ed.2d 43. In such suit appellant sought specific performance of the alleged agency with the Plow Company, refusing to recognize the legal effect of the holding in the two earlier cases that the agreement was unenforceable. The suit was dismissed by the District Court, which action was affirmed on appeal. Civil Action No. 16,036 is Meredith v. John Deere Plow Co., 8 Cir., 261 F.2d 121, certiorari denied, 359 U.S. 909, 79 S.Ct. 586, 3 L.Ed.2d 574. Such suit was brought by the John Deere Plow Company to restrain Meredith from commencing or prosecuting further suits against the company relitigating the same cause of action which was the basis of the preceding suits. Judgment was granted for the Plow Company, affirmed on appeal and certiorari denied. It is these last two suits that Meredith uses as basis for his claim against the appellee, although the appellee was only one of three judges in each case. Since appellee is a resident of Iowa and the other judges are nonresidents, it is obvious why suit was brought only against him.

For a history of the extensive, repetitious and exhaustive litigation commenced by the appellant against John Deere Plow Company, terminating finally in the granting of an injunction against him, see the cases cited heretofore. Four District Judges have held the appellant's claim against the John Deere Plow Company to be without merit. Four District Court judgments adverse to the claims of Meredith have been affirmed on appeal. Seven Circuit Judges have sat on one or more of such appeals. Certiorari has been applied for and denied in each case. Each one of us has examined the records in detail. Each one of us is of the opinion that the appellee could have acted no differently than he did in the two cases in which he participated as only one member of the court. We must, however, pass on appellant's various contentions.

We first consider his claim that the action commenced in state court was improperly removed to the United States District Court. The removal of cases from state to federal court where federal officers have been sued or are being prosecuted is governed by § 1442, Title 28 U.S.C.A. Subsections (a)(1) and (3) of that section provide:

"(a) A civil action or criminal prosecution commenced in a State court against any of the following persons may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:

"(1) Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.

* * * * * *

"(3) Any officer of the courts of the United States, for any Act under color of office or in the performance of his duties; * * *."

Appellant's complaint shows on its face that the appellee is a Judge of the United States Court of Appeals for the Eighth Circuit. It specifically alleges that the appellee, "acting in his official capacity adjudicated Civil Action No. 15666 and Civil Action No. 16036" and that said adjudications were in bad faith, etc. Clearly, the complaint itself established that the case was removable to the United States District Court under either subsection (1) or subsection (3). Additionally, appellee's petition for removal affirmatively alleged the grounds therefor and incorporated appellant's petition by...