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OTTO v. SOMERS

No. 15565.

332 F.2d 697 (1964)

Walter OTTO, a taxpayer of the City of Dayton, Ohio, Plaintiff-Appellant, v. Hon. Frank R. SOMERS, Mayor of the City of Dayton, et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

June 5, 1964.

Attorney(s) appearing for the Case

Walter Otto, in pro. per.

W. Erwin Kilpatrick, Asst. City Atty., Dayton, Ohio, Herbert S. Beane, City Atty., Dayton, Ohio, on brief, for appellees.

Before MILLER and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

Plaintiff-appellant brought a class action, as a taxpayer of the City of Dayton, Ohio, against the Mayor, the City Commissioners, and the Director of Finance of that city, for deprivation of his civil rights and for the deprivation of the civil rights of all other taxpayers of Dayton. He alleged that jurisdiction of the action was founded on Article 3, Section 2, of the Constitution of the United States; on the Fourteenth Amendment to the Constitution...

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