Legal Opinion · Dissent

Gold v. Lomenzo

Court of Appeals for the Second Circuit

Decided January 22, 1970No. 346, Docket 34144Published

1DissentHays, Circuit Judge

I do not believe that there exists a proper basis for assuming federal jurisdiction over this action. The action is clearly not one involving a deprivation of those personal liberties which alone justify the invocation of § 1343(3) as a basis for jurisdiction.

In Eisen v. Eastman, 421 F.2d 560 (2d Cir. 1969) this court said that cases involving denials or revocations of licenses or discharges from public employment present difficulty and “can be viewed about equally well as complaining of a deprivation of the personal liberty to pursue a calling of one’s choice or of the profits or emoluments…

2Cases cited8 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939
  3. Clarence Eisen v. Oliver C. EastmanCourt of Appeals for the Second Circuit · 1969
  4. Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
  5. Birnbaum v. TrussellCourt of Appeals for the Second Circuit · 1966

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