Leo Mantin v. Broadcast Music, Inc., a Corporation

On January 19, 1955, in the United States District Court for the Southern District of California, Leo Mantin, hereafter called plaintiff, brought a civil action against 34 defendants — 5 individuals 1 and 29 corporations. No answer was filed by any of the defendants. Instead, 6 of the corporate defendants moved to dismiss the action on the ground that the complaint failed to state a claim upon which relief could be granted. The District Court granted the motion and on May 14,1956, entered a judgment dismissing the action. Plaintiff has appealed from the judgment.

The judgment was a final decision of the District Court. No direct review thereof could be had in the Supreme Court. The appeal was taken within 30 days after the entry of the judgment. We therefore have jurisdiction of the appeal.

The question now to be considered is whether the District Court had jurisdiction of the action. Though not raised by the parties, the question is here and must be determined.

The complaint stated that the District Court had jurisdiction of the action under and by virtue of 28 U.S. C.A. § 1332. That, however, was a mere statement of a conclusion — a conclusion which the factual allegations of…