Leaver

This appeal is from a summary judgment in an action by appellant 1 against appellees 2 and others 3 in the District Court of the United States for the Northern District of California.

The District Court’s jurisdiction was invoked upon the ground that the action was one arising under the patent laws and the anti-trust laws. No other ground of jurisdiction was asserted. Jurisdiction was not predicated upon diversity of citizenship and *739 could not be, for appellant and several of the appellees are citizens of the same State.

The complaint was filed on September 20, 1938, and was amended on July 14, 1939. Appellees answered the amended complaint and, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, 4 moved with supporting affidavits for a summary judgment in their favor. Appellant filed and served opposing affidavits. The motions were heard and granted, and judgment for appellees was accordingly entered. This appeal followed.

The pleadings and affidavits showed that the action did not arise under the patent laws or the anti-trust laws and did not really and substantially involve any dispute or controversy properly within the…