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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

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