« ПредыдущаяПродолжить »
Plaintiffs also raise the provisions of 28 USCA
1331 as granting jurisdiction by reason of a "federal question
being involved. However, since we have examined all of the
specific rights granted under federal statutes as claimed
in the complaint and their accompanying grounds of juris
tiation and have found none to sustain our jurisdiction, no
federal question remains to be litigated.
See Flaherty v. McDonald
183 F. Supp. 300 (S.D. Cal. 1960).
Because some of the defenses raised by defendants
in their motion to dismiss are based on jurisdictional
prerequisites it is possible that che jurisdictional grounds
raised therein may be cured and the cause reinstated.
Furthermore, our decision being based on lack of juris
diction it is not an adjudication on the merits and must be
made without prejudice.
AND NOW this 23rd day of November, 1970, it 18
1. Defendants' Motion to Dism188 for lack of jurisdiction 18 GRANTED and the Plaintiffs' Complaint is
DISMISSED without prejudice;
2. Plaintiffs' Motion for a Temporary Restraining