Dickson v. Hotchkin

202 F.2d 426, 1953 U.S. App. LEXIS 3251

Opinion

PER CURIAM.

In the complaint in the district court the appellants claimed a legal right to participate in the proceedings of the P.epublican Precinct Convention in Precinct No. 50, Bexar County, Texas, without signing a declaration reading as follows: “I am a Republican, and desire to participate in the Republican Party activities in the year 1952.” They sought to enforce the claimed right by declaratory judgment, mandamus, and injunction, and also claimed $100,000.00 as damages for the alleged wrongful acts of the appelloe* whereby they alleged that they would be tlenied such right. The Republican Precinct Convention in that precinct was held on May 3, 1952 and all questions presented by this action are now clearly moot, except possibly the claim for damages. The claim for damages, certainly as of the date of the filing of the complaint before the convention was held, is not substantial, and does not merit the attention of the court. The appeal is, therefore, dismissed because the matter is moot.

Dismissed.