36 F. Supp. 546 | N.D. Ohio | 1940
The questions raised by the motions to dismiss have been given careful consideration. It well may be that this court would have jurisdiction if the Secretary of Labor were properly suable in this District. The case of Perkins v. Elg, 69 App.D.C. 175, 99 F.2d 408, affirmed by the Supreme Court on certiorari, 307 U.S. 325, 59 S.Ct. 884, 83 L.Ed. 1320, would seem to be authoritative, although in that case the citizenship of the