Opinion
No. 12097.
January 27, 1948.
Appeal from the District Court of the United States for the Southern District of Texas; Thomas M. Kennerly, Judge.
Action by William Paul Miller and another, suing for themselves and approximately 800 other persons similarly situated, against Brown Shipbuilding Company to recover wages allegedly due. From a judgment, 71 F. Supp. 672, dismissing the action, plaintiffs appeal.
Affirmed.
Chris Dixie, of Houston, Tex., for appellants.
J.A. Rauhut, of Austin, Tex., and C.E. Bryson, Brian S. Odem, U.S. Atty., and W.F. Lehigh, Asst. U.S. Atty., all of Houston, Tex., for appellee. Contra.
Before SIBLEY, WALLER, and LEE, Circuit Judges.
Jurisdiction of a federal district court is not presumed, and the complaint must, as against a motion to dismiss for want of jurisdiction, allege facts showing jurisdiction. The complaint here does not with sufficient clearness show what the controversy is and that the court has jurisdiction over it. The judgment of dismissal for this cause is affirmed.