Swank

In the District Court of the United States for the District of Arizona, appellant, W. S. Swank, brought an action against appellees, J. H. Patterson, E. J. Gotthelf, Charles S. Smith, Charles C. Bradbury and William G. Schultz, for damages in the sum of $100,-000. Within the time prescribed for answering, appellees, by their attorney, Cecil A. Edwards, applied for and obtained an extension of such time. Within such extended time, Patterson, Gotthelf, Smith and Bradbury moved to dismiss the action. Appellant moved to set aside the order extending the time for answering, moved to enter appellees’ 1 default, moved for an order removing Edwards as appellees’ attorney and twice amended the complaint. The court *146 granted the motion to dismiss and entered judgment dismissing the action. From that judgment this appeal is prosecuted.

Grounds of the motion to dismiss were (1) that the court had no jurisdiction over the subject matter of the action and (2) that the complaint did not state a claim upon which relief could be granted. The court’s jurisdiction was invoked on the ground that the matter in controversy arose under the Constitution and laws of the United States. 1 To determine…