Wheeldin v. Wheeler, No. 16219.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation280 F.2d 293
Docket NumberNo. 16219.
Decision Date28 June 1960
PartiesDonald WHEELDIN and Admiral Dawson, Appellants, v. William WHEELER, Robert W. Ware, Eugene W. Biscailuz, Fidelity and Deposit Company of Maryland, a corporation, and Lumbermen's Mutual Casualty Co., a corporation, Appellees.

280 F.2d 293 (1960)

Donald WHEELDIN and Admiral Dawson, Appellants,
v.
William WHEELER, Robert W. Ware, Eugene W. Biscailuz, Fidelity and Deposit Company of Maryland, a corporation, and Lumbermen's Mutual Casualty Co., a corporation, Appellees.

No. 16219.

United States Court of Appeals Ninth Circuit.

June 28, 1960.


A. L. Wirin, Fred Okrand, Hugh R. Manes, Los Angeles, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Richard A. Levine, Arline Martin, Asst. U. S.

280 F.2d 294
Attys., Los Angeles, Cal., for appellees Wheeler, Ware and Fidelity & Deposit Co. of Maryland. Wright, Wright, Goldwater & Wright, Loyd Wright and Andrew J. Davis, Los Angeles, of counsel

Harold W. Kennedy, County Counsel, Los Angeles County, Robert C. Lynch, Deputy County Counsel, Los Angeles, Cal., for appellee Biscailuz.

Before CHAMBERS, Chief Judge, BARNES and JERTBERG, Circuit Judges.

PER CURIAM.

Appellants (plaintiffs below) were subpoenaed to appear before a committee of the United States House of Representatives proposing to conduct a hearing in Los Angeles. Thereupon, as plaintiffs they filed a complaint against William Wheeler (a committee investigator) and against Robert W. Ware (the United States marshal) and Eugene Biscailuz (sheriff of Los Angeles County, California) together with the sureties of the last two named. The sheriff and marshal, through their deputies, had served the subpoenas.

The complaint sought injunctive relief, a declaratory judgment as to validity of the subpoenas and money damages.

The claim for injunctive relief is now moot. The claim for a declaratory judgment was rejected upon the exercise of the judicial discretion permitted the trial court under the statute, 28 U.S.C. § 2201. The claim for money damages was dismissed as to all defendants on the ground of lack of jurisdiction of the subject matter. Diversity of citizenship was not asserted.

The appeal from the judgment insofar as the request for injunctive relief is concerned is dismissed for the reason that the subject matter is now moot. As to the claim for declaratory relief, the judgment is affirmed for the reason that entertainment of the claim therefor was discretionary with the district court.

The appeal on the claim for money damages under the alleged facts as against the marshal and the sheriff (and their sureties) is such an unjustified harassment of these two officers that we hold the claim and the appeal thereon is so legally frivolous that the appeal as to...

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6 practice notes
  • Dry Creek Lodge, Inc. v. U.S., No. 74-1546
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 9, 1975
    ...as Bell v. Hood and Bivens. On the issue of jurisdiction the Court simply said: We agree with the Court of Appeals in its first opinion (280 F.2d 293) that on the face of the complaint the federal court had jurisdiction. As we stated in Bell v. Hood, 327 U.S. 678, 685, 66 S.Ct. 773, 777, 90......
  • Butler v. United States, Civ. No. 73-3767.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • November 8, 1973
    ...relying upon Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939 (1946), anticipated Bivens by 13 years. See Wheeldin v. Wheeler, 280 F.2d 293 (9th Cir. 1960), rev'd (on other grounds), 373 U.S. 647, 83 S.Ct. 1441, 10 L.Ed.2d 605 8 See Stanford v. Texas, 379 U.S. 476, 484-485, 85 S.Ct. 5......
  • Wheeldin v. Wheeler, No. 493
    • United States
    • United States Supreme Court
    • June 3, 1963
    ...678, 66 S.Ct. 773, 90 L.Ed. 939,' there was 'jurisdiction to entertain the claim for money damages,' and to that extent reversed. 9 Cir., 280 F.2d 293. On remand the District Court dismissed the action without opinion. The Court of Appeals affirmed. 9 Cir., 302 F.2d 36. The case is here on ......
  • Boyer v. Travelers Indemnity Company, No. 13909.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 6, 1960
    ...they do, however, there is nothing inequitable, and everything equitable, in requiring a fund so recovered, which is in part allotted 280 F.2d 293 to the workmen's compensation beneficiaries, to be subjected to subrogation rights of the compensation We must therefore conclude by reversing t......
  • Request a trial to view additional results
6 cases
  • Dry Creek Lodge, Inc. v. U.S., No. 74-1546
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 9, 1975
    ...as Bell v. Hood and Bivens. On the issue of jurisdiction the Court simply said: We agree with the Court of Appeals in its first opinion (280 F.2d 293) that on the face of the complaint the federal court had jurisdiction. As we stated in Bell v. Hood, 327 U.S. 678, 685, 66 S.Ct. 773, 777, 90......
  • Butler v. United States, Civ. No. 73-3767.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • November 8, 1973
    ...relying upon Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939 (1946), anticipated Bivens by 13 years. See Wheeldin v. Wheeler, 280 F.2d 293 (9th Cir. 1960), rev'd (on other grounds), 373 U.S. 647, 83 S.Ct. 1441, 10 L.Ed.2d 605 8 See Stanford v. Texas, 379 U.S. 476, 484-485, 85 S.Ct. 5......
  • Wheeldin v. Wheeler, No. 493
    • United States
    • United States Supreme Court
    • June 3, 1963
    ...678, 66 S.Ct. 773, 90 L.Ed. 939,' there was 'jurisdiction to entertain the claim for money damages,' and to that extent reversed. 9 Cir., 280 F.2d 293. On remand the District Court dismissed the action without opinion. The Court of Appeals affirmed. 9 Cir., 302 F.2d 36. The case is here on ......
  • Boyer v. Travelers Indemnity Company, No. 13909.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 6, 1960
    ...they do, however, there is nothing inequitable, and everything equitable, in requiring a fund so recovered, which is in part allotted 280 F.2d 293 to the workmen's compensation beneficiaries, to be subjected to subrogation rights of the compensation We must therefore conclude by reversing t......
  • Request a trial to view additional results

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