the question whether a direct federal cause of action in plaintiffs' favor against the defendants should be implied. 507 F.2d at 765.
This Court believes that a private right of action for direct damages should not be implied from either 18 U.S.C. § 610 or 47 U.S.C. § 202. Considering in particular 18 U.S.C. § 610, the interests reflected in that statute are: (1) To destroy the influence over elections which corporations exercise through financial contributions; and, (2) to prevent corporate officers from using corporate funds for contributions to political parties without the consent of the stockholders. United States v. C.I.O., 335 U.S. 106, 113, 68 S. Ct. 1349, 92 L. Ed. 1849 (1948). This Court believes that those interests are very adequately protected by permitting, in addition to the penal sanctions provided for in the statute itself, private suits for injunctive or derivative damage relief.
Any tangible, economic injury suffered by plaintiffs as stockholders, due to their interest in AT&T having less value than it would now have if the individual defendants had not failed to pursue the alleged debt for the benefit of the corporate treasury, should presumably be remedied by a recovery of derivative damages equal to the size of the debt or "illegal contribution." Any further injury to plaintiffs from the allegedly illegal activity here, such as the lessening of their ability to secure a responsive Federal Government, is really shared in common with all of the nation's voters and citizens. Ash v. Cort, supra at 420, recognized this more widespread injury as both "intangible" and, when considered on an individual basis, "small."
This Court does not believe that the added enforcement value to be derived from permitting private damage actions under 18 U.S.C. § 610 is worth the multiplicity of possible suits to recover for this intangible public injury. However, even if the Court were to take cognizance of such claims, the small value which any particular plaintiff could place on his individual injury would present the same obstacle to maintenance of the suit as Ash v. Cort, supra, pinpointed in regard to a non-stockholder action for injunctive relief -- namely, satisfaction of the jurisdictional amount requirement.
Unlike a derivative claim, where the alleged $1,500,000 debt here could be viewed as a whole in order to meet the jurisdictional amount requirement, a class action for direct damages, assuming it was authorized, would not permit the aggregation of the claims of the class members in order to satisfy the requirement of 28 U.S.C. § 1331(a). Zahn v. International Paper Company, 414 U.S. 291, 38 L. Ed. 2d 511, 94 S. Ct. 505 (1973); Snyder v. Harris, 394 U.S. 332, 22 L. Ed. 2d 319, 89 S. Ct. 1053 (1969).
In light of the Court's refusal to "imply" a private right of action here for direct damages,
and the inability of plaintiffs to meet the $10,000 jurisdictional amount with a claim for injunctive relief alone, Count II of the second amended complaint must be dismissed as against AT&T. Plaintiffs' alternative contention that Count II can be maintained under the doctrine of pendent jurisdiction must also be denied. Since Count I against AT&T is being dismissed, the exercise of pendent jurisdiction over Count II by this Court is not possible.
Accordingly, the individual and corporate defendants' motion to dismiss the second amended complaint will be granted.
AND NOW, TO WIT, this 31st day of March, 1975, upon consideration of the motions of defendants to dismiss plaintiffs' second amended complaint, IT IS ORDERED that the same is granted.
LOUIS C. BECHTLE, J.