Weiss

The motion of the defendants to dismiss the amended complaint heretofore argued and submitted, is now decided as follows: The said motion to dismiss the complaint is hereby granted and the said cause is dismissed without leave to amend.

A study of the problem ever since it came before me under the original complaint, filed May 14, 1945, has led me to the conclusion that the plaintiff has no claim and cannot state a claim “upon which relief can be granted.” Federal Rules of Civil Procedure, Rule 12(b) (6), 28 U.S.C.A. following section 723c.

Unlike the first complaint, the present one denominated "Amended Complaint for Damages for Unlawful Censorship of Political Candidate”, states more clearly the legal grounds upon which the plaintiff’s claim is bottomed. Jurisdiction is sought to be invoked either under Section 41(1) (a) of 28 U.S.C.A., or under Section 41(8) of 28 U.S.C.A. The claim of jurisdiction is tied to the provision of Section 315, Title 47 U.S.C.A. I do not think jurisdiction can be sustained under Section 41(1) (a), 28 U.S.C.A., because, assuming that the rights asserted by the plaintiff arise under “the Constitution or laws of the United States”, the complaint, in…