Paul Ginsburg v. Horace Stern and Patrick N. Bolsinger

BIGGS, Chief Judge.

This is the second time this case has been before us on appeal. On October 26, 1954, the court below dismissed the complaint of the plaintiff-appellant, Ginsburg, on the ground that it failed to state a cause of action. See D.C.1954, 125 F.Supp. 596. Cf. Fed.Rules Civ.Proc. 12(f), 28 U.S.C. We affirmed the judgment, stating that our decision was made “without regard to the issue as to whether or not Ginsburg * * * [might] maintain * * * [a] suit [under the Civil Rights Acts, 42 U.S.C.A. §§ 1983, 1985, and 1980] against the Chief Justice * * * or the Prothonotary * * * under…