Table 25.-Miscellaneous action against Commissioners or employees of the Commission pending during fiscal year ended June 30, 1943
Complaint for injunction filed August 25, 1942 in USDC, SD
Florida; action dismissed September 4, 1942. Plaintiff
appealed to CCA-5 from this order. A stay of Commission's
hearing pending appeal denied by USDC, September 8, 1942
and by CCA-5. Appeal withdrawn September 30, 1942. Ex
parte order by Judge McNeill, Florida Circuit Court,
Fourth Judicial Circuit, entered September 14, 1942 to
restrain examiner from proceeding with the hearing.
Petition filed September 19, 1942 for injunction against
enforcement of ex parte order; this injunction denied
by USDC, September 19, 1942. Writ of prohibition against
Judge McNeill, Florida Circuit Court, obtained October 23,
1942 in the Supreme Court of Florida. Petition for
review of Commission's alleged order refusing to terminate
revocation proceedings filed by plaintiffs in CCA-5,
October 5, 1942; this petition dismissed November 7, 1942.
Another ex parte order obtained from USDC, restraining
hearing; order later vacated. A new appeal from Judge
Waller's order of September 4, 1942 was filed by plaintiff.
CCA-5 on January 15, 1943 affirmed both orders of dismissal.
Petition for rehearing denied, January 27, 1943 and mandate
issued same date.
Amended complaint dismissed June 14, 1939; second amended
complaint dismissed September 6, 1939. Order of October 6,
1939 dismissed action and plaintiff appealed. On March 17,
1941, Court of Appeals for the District of Columbia affirmed
Judgment. Certiorari denied October 20, 1941. Plaintiff
appealed from order of February 16, 1942 denying him leave
to file third amended complaint. This appeal dismissed
July 27, 1942. Motion for reconsideration of order of
July 27, 1942, denied September 30, 1942; mandate stayed.
On February 19, 1943, order entered authorising the
transmittal to the Clerk of Supreme Court of original
transcript of record for use in connection with petition
for certiorari. Petition never filed.