MacNEIL v. WHITTEMORE

No. 258, Docket 24927.

254 F.2d 820 (1958)

Angus M. MacNEIL, Plaintiff-Appellant, v. Arthur E. WHITTEMORE, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided April 30, 1958.


Attorney(s) appearing for the Case

Angus M. MacNeil, Somerville, Mass., plaintiff-appellant, pro se.

Osmer C. Fitts, of Fitts & Olson, Brattleboro, Vt., for defendant-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.


PER CURIAM.

It is quite clear that this action against a judge of the highest court of Massachusetts, who has only a summer place in Vermont, for claimed violation of plaintiff's civil rights through official action does not satisfy the venue requirements of 28 U.S.C. § 1391(a), since neither party resides in the District of Vermont. The only claim is waiver, because defendant first sought a dismissal for failure to state a claim and two days later moved for...

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