Thiel v. Southern Pac. Co.
Decision Date | 15 April 1942 |
Docket Number | No. 9912.,9912. |
Citation | 126 F.2d 710 |
Parties | THIEL v. SOUTHERN PAC. CO. |
Court | U.S. Court of Appeals — Ninth Circuit |
Allen Spivock, of San Francisco, Cal., for appellant.
Dunne & Dunne and Arthur B. Dunne, all of San Francisco, Cal., for appellee.
Before MATHEWS, HANEY, and STEPHENS, Circuit Judges.
Appellant, Gilbert E. Thiel, a citizen of California, sued appellee, Southern Pacific Company, a Kentucky corporation, for damages in the sum of $250,000 for injuries alleged to have been suffered by appellant. The suit was brought in a State court of California, but, on petition of appellee, was thence removed to the District Court of the United States for the Northern District of California. A motion to remand the suit to the State court was denied. Thereafter, disregarding the removal and the refusal to remand, appellant threatened to and did attempt to prosecute the suit in the State court. Appellee thereupon applied to the District Court for an injunction restraining such prosecution. The District Court ordered appellant to appear and show cause why the injunction should not issue. Appellant appeared, but showed no cause. Accordingly, the District Court, after a hearing, entered a judgment granting the injunction. From that judgment this appeal is prosecuted.
By § 24(1) of the Judicial Code, 28 U. S.C.A. § 41(1), the district courts of the United States are given original jurisdiction: "Of all suits of a civil nature, at common law or in equity, * * * where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of $3,000, and * * * is between citizens of different States." Section 28 of the Judicial Code, 28 U.S.C.A. § 71, provides:
This is a suit of a civil nature at common law. The matter in controversy exceeds, exclusive of interest and costs, the sum or value of $3,000 and is between appellant, a citizen of California, and appellee, a citizen of Kentucky. Appellant nevertheless contends that this is not a suit of which the district courts of the United States are given jurisdiction, because, says appellant, the controversy is not wholly between citizens of different States. In support of his contention, appellant points to the caption of his complaint, which names as defendants not only appellee, but also "First Doe, Second Doe and Third Doe."
Appellant's contention must be rejected; for, although the Does are named as defendants in the caption of the complaint, the complaint states no cause of action — no claim upon which relief can be granted1 — against the Does or either of them. It not only fails to show who the Does are, but also fails to show any relationship whatever between the Does and appellant or between the Does and appellee, or that any legal duty was ever owed by the Does to appellant. Much less does it show that such duty was breached.
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...case because the complaint asserts no claim of any kind against them or any of them. 637 F.2d at 1330. See also Thiel v. Southern Pacific Company, 126 F.2d 710 (9th Cir.), cert. denied, 316 U.S. 698, 62 S.Ct. 1295, 86 L.Ed. 1767 (1942). Complaints containing only very general, catch-all all......
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