CARROLL v. ANDREWS

No. 29877.

438 F.2d 1221 (1971)

James A. CARROLL, Plaintiff-Appellant, v. James J. ANDREWS and Red Top Sedan Service, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 24, 1971.


Attorney(s) appearing for the Case

Theodore Klein, Fine, Jacobson & Block, Miami, Fla., for plaintiff-appellant.

Arno Kutner, W. Carl Rentz, Preddy, Haddad, Kutner & Hardy, Miami, Fla., for defendants-appellees.

Before GEWIN, COLEMAN, and AINSWORTH, Circuit Judges.


PER CURIAM:

This is an appeal from the District Court's order of January 5, 1970, dismissing James Carroll's complaint without prejudice for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief could be granted. The complaint alleged that Carroll had been unlawfully discharged from his job as a cab driver by Andrews. Appellant concedes that if jurisdiction existed it had to be based on 42 U.S.C.A. § 1985(3).

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