Sheridan Silver Co. v. Alpert

SWEENEY, Chief Judge.

This action came on to be heard pursuant to the issuance of a temporary restraining order.

There has now been filed a motion by the defendant to dismiss the petition for lack of jurisdiction. Since there have been no allegations that the complainants have been denied any constitutional rights by the action of the defendant, Fay v. Douds, 2 Cir., 1949, 172 F.2d 720; Worthington Pump and Machinery Corp. v. Douds, D.C.S.D.N.Y. 1951, 97 F.Supp. 656, or that the defendant overstepped the bounds of his statutory authority, Leedom v. Kyne, 1958, 358 U.S. 184, 79 S.Ct. 180, 3…