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BARNES v. ATLANTA TRANSIT SYSTEM

Civ. A. No. 5657.

144 F.Supp. 156 (1956)

Gerald F. BARNES, Complainant, v. ATLANTA TRANSIT SYSTEM, Inc., Robert L. Sommerville, Jefferies Wallace, Ray K. Mulsey, individually and as President of and Representative of Division No. 732 of the Amalgamated Association of Street Electric Railway & Motor Coach Employees of America, and Division No. 732 of the Amalgamated Association of Street, Electric Railway & Motor Coach Employees of America, Defendants.

United States District Court N. D. Georgia, Atlanta Division.

July 31, 1956.

Attorney(s) appearing for the Case

Frank A. Holden and Hugh G. Head, Jr., Atlanta, Ga., for plaintiff.

Poole, Pearce & Hall, Atlanta, Ga., Crenshaw, Hansell, Ware & Brandon, Atlanta, Ga., for defendants.

HOOPER, Chief Judge.

All the defendants on June 25, 1956 moved to dismiss this action on the ground that the Court lacks jurisdiction under the Civil Rights Act of Congress, 42 U.S.C.A. § 1981 et seq., the allegedly wrongful acts of defendants having been done by persons acting individually and not pursuant to authority of the State.

It is well-established that United States District Courts are courts of limited jurisdiction, and grounds of jurisdiction...

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