What is the test for dismissing a complaint for lack of federal jurisdiction?
MultiRegion, United States of America
The following excerpt is from Dinneen v. Williams, 219 F.2d 428 (9th Cir. 1955):
10 "The district court dismissed the complaint for lack of federal jurisdiction, without leave to amend, and plaintiff appeals. * * * As the complaint wholly and unamendably fails to state a claim under 8 U.S.C.A. 47(3) 42 U.S.C.A. 1985 (3), or any other federal law, the complaint was properly dismissed." Kilgore v. McKethan, 5 Cir., 205 F.2d 425-426.
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