The opinion of the court was delivered by: MCCUNE
The issue presented for decision here is whether plaintiff's allegation of a "class-based, invidiously discriminatory animus," an element of a 42 U.S.C. § 1985(3) action, see Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S. Ct. 1790, 29 L. Ed. 2d 338 (1971) is sufficient to withstand defendants' motions to dismiss under Rule 12(b), Fed.Rules of Civ.Proc. We conclude that it is not.
The transaction which eventually gave rise to the alleged conspiracy occurred on December 13, 1971, when plaintiff purchased stock in Meridian Industries, Inc. (Meridian) through PNB, on assurances from Mialki, an assistant vice-president at PNB's Verona Branch Office, that a merger between Meridian and Paragon Plastics, Inc. (Paragon)
was in the making and that said merger would substantially increase the value of Meridian stock.
On September 5, 1973, some twenty-one months after plaintiff had purchased the Meridian stock, it is alleged that Mialki induced plaintiff to execute a note through PNB in the amount of $15,000.00, primarily for the benefit of defendant Hageal.
Plaintiff alleges that he had an understanding with Mialki and Hageal that Hageal would assume the obligation on said note. (Complaint, P10.)
Plaintiff alleges that due to Hageal's failure to meet his obligations on the note, two checks cashed by plaintiff at the Verona branch of PNB created an overdraft, causing plaintiff to become indebted to PNB. Complaint, P11-12. As a result, PNB, on or about February 11, 1974, filed judgment notes against Tarasi. The complaint continues:
"15. Despite the fact that plaintiff did pay off all debts within thirty days of the aforementioned complaint, defendant, Pittsburgh National Bank, did maliciously pursue civil actions against Plaintiff.
"16. A complaint at 2716 April, 1974, in the Court of Common Pleas of Allegheny County, was filed and summons attempted to be served upon plaintiff by a sheriff, even though plaintiff had not defaulted beyond normal bounds of businessmen
leaving doubt as to plaintiff's credit reliability and reputation.
"17. The three defendants named in this complaint did maliciously conspire to lure plaintiff into debt; to then deprive plaintiff of equal protection of the law as guaranteed by the Constitution of the United States, by pursuing the above mentioned civil actions; and to further cause the plaintiff stress and emotional harm."
In plaintiff's brief in opposition to defendants' motions to dismiss he states:
A complaint may not be dismissed for failure to state a claim unless it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S. Ct. 1683, 40 L. Ed. 2d 90 (1974); Richardson v. Miller, 446 F.2d 1247 (3rd Cir. 1971). Therefore, accepting the allegations of the complaint as true, we must decide whether the wrong complained of is of federal cognizance. We conclude that it is not.
In the first place, the complaint does not specifically allege acts of conduct by the defendants which infringed upon plaintiff's civil rights. The complaint does not allege specific instances of conspiracy; nor does it allege what motivated defendants or what they stood to gain by "getting plaintiff out of the picture." Furthermore, it does not appear what defendants did to induce plaintiff to execute the ...