Patten

Patten v. Dennis

Good Law
134 F.2d 137·1943 U.S. App. LEXIS 3500
United States Court of Appeals for the Ninth CircuitMarch 4, 1943No. 10265California1,002 words

Opinion

Lead Opinion

Haney, J.

This is an appeal from a judgment of dismissal of an action brought by appellant.

It is impossible to tell what appellant claims is his cause of action. By piecing together various petitions and motions, and other matters, it appears that prior to December 21, 1940, appellant was a “Classified Laborer at the Puget Sound Navy Yard”. He alleges that on or about the date mentioned, Smith, Bogard and Larsen, entered into a conspiracy to violate 18 U.S. C.A. §§ 51 and 126, with intent “to injure the right of” appellant by preventing appellant “from carrying through a request for investigation of malicious practice against” appellant; that Bogard and Lar *138 sen did make a statement in writing to the Chief of Yard which was false, and which apparently placed appellant in disrepute and subject to ridicule.

Appellant was discharged from his position on January 15, 1941. He then sought to have appellee prosecute Smith, Bogard and Larsen, but was unsuccessful. He then filed in the court below a document entitled a “Petition for Show Cause Action”. He prays for damages, apparently, yet he first indicates that he seeks an order compelling appellee to prosecute Smith, Bogard and Larsen. He…

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