Walter Otto, a Taxpayer of the City of Dayton, Ohio v. Hon. Frank R. Somers, Mayor of the City of Dayton

Plaintiff-appellant brought a class action, as a taxpayer of the City of Dayton, Ohio, against the Mayor, the City Commissioners, and the Director of Finance of that city, for deprivation of his civil rights and for the deprivation of the civil rights of all other taxpayers of Dayton. He alleged that jurisdiction of the action was founded on Article 3, Section 2, of the Constitution of the United States; on the Fourteenth Amendment to the Constitution of the United States; on Title 28 U.S.C.A. § 1348; and on Title 42 U.S.C.A. §§ 1983 and 1988. He claimed a judgment against the defendants in…