Donald Ernest Koch v. Rudolph Zuieback

Appellant’s complaint was dismissed by the District Court for lack of jurisdiction, and appellant appeals.

The complaint in the District Court is a detailed statement of allegations wherein the plaintiff claims that the defendant, Zuieback, as Chairman of Draft Board 103, Los Angeles, California, and the other defendants, as members and employees of said Board, subjected plaintiff to harassment, delay, uncertainty and suspense regarding his draft status over a period of ten years; that such action was wilful and malicious and outside the scope of their official duties; that the plaintiff was damaged thereby, and praying for general and punitive damages.

Zuieback (the only defendant served) filed a motion to dismiss which was granted on the ground that the Court lacked jurisdiction of the subject matter, and on the further ground that the complaint failed to state a claim upon which relief could be granted. The court on its own motion dismissed the action as to all other defendants.

For a detailed summary of the allegations of the complaint, reference is made to the very complete and very excellent opinion of the District Court, reported in 194 F.Supp. 651 , which we hereby…