Yglesias v. Gulfstream Park Racing Assn Inc‪.‬

Appellant, plaintiff below, seeks damages for the alleged deprivation of rights and immunities secured to her by the Fourteenth Amendment to the United States Constitution. The complaint expressly alleges that the action is based upon 8 U.S.C.A. § 43. Federal jurisdiction is claimed under 28 U.S.C.A. § 1343. The district judge, upon authority of Charlton v. City of Hialeah, 5 Cir., 188 F.2d 421, dismissed the cause "for lack of jurisdiction over the subject matter," apparently because the complaint did not state a cause of action within 8 U.S.C.A. § 43, and no other ground of federal jurisdiction is asserted.