Trapp v. Goetz, 8402.
| Decision Date | 29 July 1966 |
| Docket Number | No. 8402.,8402. |
| Citation | 373 F.2d 380 |
| Parties | Herbert TRAPP, T. A. McGaughey, F. J. Kailer, J. A. Todd, and Vincent Bogart, as the Board of Trustees of the Firemen's Pension Fund, and Ralph A. Klose, City Treasurer of the City of Wichita, Appellants, v. Peggy J. GOETZ, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Eugene Pirtle and H. Jay Setter, Wichita, Kan. (John Dekker, Wichita, Kan., with them on the brief), for appellants.
Harry L. Hobson, Wichita, Kan. (J. Francis Hesse and Stephen M. Blaes, of Jochems, Sargent & Blaes, Wichita, Kan., with him on the brief), for appellee.
Before BREITENSTEIN, HILL and SETH, Circuit Judges.
Appellee commenced this action in the United States District Court for the District of Kansas by the filing of a complaint which asserted that she was the widow of a member of the Wichita Fire Department, that the Board of Trustees of the Firemen's Pension Fund had denied her benefits under a Kansas statute relating to firemen's pensions, and a money judgment was sought. Appellants, the trustees of the pension fund and the city treasurer, in their answer denied that the appellee was entitled to relief, and asserted that the federal court had no jurisdiction.
The United States District Judge who handled the pretrial proceedings overruled the appellants' assertions as to lack of jurisdiction, found that diversity jurisdiction existed, and found it was not necessary to consider a due process argument of lack of notice and hearing which had been raised by the appellee. The judge further held that the plaintiff had asserted a claim for relief and that she at trial would have to establish the alleged contractual relationship arising under the statute providing for a pension and the breach thereof.
The case was thereafter tried to a jury. The trial judge was different from the one who held the pretrial proceedings. He submitted the case to the jury upon two questions for a special verdict. The jury answered one of the questions, but did not answer the other. On the basis of the answer given the trial court entered judgment for the plaintiff.
Some consideration of the proceedings which antedated the appellee's complaint is necessary. The record shows that appellee's husband, a Wichita fireman, was denied a pension by the appellants which he claimed was due him by reason of a heart condition incurred during the course of his duties. The fireman thereafter sought a writ of mandamus in the state district court, and an order directing payment of his pension. This procedure was followed since there is no express statutory provision for appeal from or review of the action of the board of trustees of the Wichita Firemen's Pension Fund. The court upheld the action of the board, after a remand with a board rehearing, and from this ruling the fireman took an appeal to the Kansas Supreme Court. The Supreme Court affirmed the district court's action on June 6, 1964. However, some five months before the Kansas Supreme Court acted on the case, the fireman died. On January 21, 1964, the appellee-widow of the fireman filed her claim with the pension board for a pension as a widow. Thus her claim was filed before the Kansas Supreme Court had acted upon the claim of her husband.
The record shows that on March 4, 1964, the board met, and among other matters presented was the application of appellee for a pension. The board minutes recite that the board members had read her application prior to the meeting, but on motion made and seconded it was decided that no action be taken until the state Supreme Court had decided the appeal of appellee's deceased husband. The appellee was advised by letter of the board's resolution. The letter stated that the board was not in a position to hold a hearing upon the application, and that it was awaiting the decision of the Supreme Court on the claim of her deceased husband.
The record thus shows that the administrative board made no decision on the merits of appellee's claim. It received the claim, but the minutes of the meeting and the correspondence show that action was deferred until the state Supreme Court had acted. Thus there had been no final determination on the merits. Under this state of facts, a court could not interfere with the administrative proceedings. This action with which we are here concerned was filed in the federal district court before the Kansas Supreme Court had acted; and consequently, the pension board had no opportunity to proceed further.
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City of Chicago v. Int'l College of Surgeons
...federal district courts have neither original jurisdiction nor removal jurisdiction over the review proceedings.''); Trapp v. Goetz, 373 F.2d 380, 383 (C.A.10 1966) (Under §1332, "a United States District Court could not review an appeal action taken either administratively or judicially in......
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International College of Surgeons v. City of Chicago, Ill.
...determination, ... this would place a federal court in an improper posture vis-a-vis a non-federal agency."); Trapp v. Goetz, 373 F.2d 380, 383 (10th Cir.1966) ("An appeal from a state administrative board is not a 'civil action' as required by 28 U.S.C.A. § 1331 or § 1332."); cf. Frison v.......
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...jurisdiction to review on appeal findings of state agencies. The Tenth Circuit addressed the issue most comprehensively in Trapp v. Goetz, 373 F.2d 380 (10th Cir.1966), where a claimant asked a federal district court, in its diversity jurisdiction, to review a state agency's finding that sh......
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Allegheny Airlines, Inc. v. Pennsylvania Pub. Util. Com'n
...courts of review for state administrative agencies and to needless conflict between federal and state governments. See Trapp v. Goetz, 373 F.2d 380 (10 Cir. 1966). For the foregoing reasons, this court will abstain from exercising its jurisdiction to consider the substantive issues sought t......
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...1192 (4th Cir. 1979); Volkswagen de Puerto Rico, Inc. v. Puerto Rico Labor Relations Bd., 454 F.2d 38 (1st Cir. 1972); Trapp v. Goetz, 373 F.2d 380 (10th Cir. 1966). But see Range Oil Supply Co. v. Chicago, Rock Island & Pac. R.R., 248 F.2d 477 (8th Cir. 1957) (affirming the district court'......