Shaffer

On August 20, 1952, in the United States District Court for the Southern District of California, appellants, John R. Shaffer and Gerald F. Maxon, commenced a civil action against appellee, Frank M. Jordan, Secretary of State of the State of California, and Gordon L. McDonough. On motion of appellants, a judgment dismissing the action as to McDonough was entered on October 2, 1952. On motion of appellee, a judgment dismissing the action as to appellee was entered on January 26, 1953. This appeal is from the judgment of January 26, 1953.

Appellee’s motion was on two grounds ■ — (1) that the District Court had no jurisdiction over the subject matter of the action, and (2) that the complaint failed to state a claim upon which relief could be granted. The action was dismissed on the first ground.

The complaint stated that the District Court’s jurisdiction was “invoked pursuant to” 28 U.S.C.A. § 1343 (3) and was “also further invoked pursuant to” 28 U.S.C.A. § 1331 , and that appellants were citizens of the United States and of the State of California, were residents of the Fifteenth Congressional District of California and were qualified electors and voters. In stating that…