Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America

Third Circuit

Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America

358 F.2d 728, 61 L.R.R.M. (BNA) 2688

Court of Appeals for the Third Circuit·Decided April 6, 1966·No. No. 15596·Published·Cited by 1 cases

Opinion

PER CURIAM.

This is a civil action in which the plaintiff attempted to invoke the jurisdiction of the court below under § 102 of the Landrum-Griffin Act, 29 U.S.C.A. § 412. The present appeal is from the dismissal of the complaint for failure to state a claim upon which relief could be granted. This dismissal was proper. The only rights and privileges redress-able under the said section are those specified in § 101 of the Act, 29 U.S.C.A. § 411. See Hughes v. Local No. 11 of International Ass’n of Bridge, etc., 287 F.2d 810 (3rd Cir. 1961). The obvious deficiency in the complaint is its failure to allege the infringement of any such right or privilege.

The judgment of the court below will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is a civil action in which the plaintiff attempted to invoke the jurisdiction of the court below under § 102 of the Landrum-Griffin Act, 29 U.S.C.A. § 412. The present appeal is from the dismissal of the complaint for failure to state a claim upon which relief could be granted. This dismissal was proper. The only rights and privileges redress-able under the said section are those specified in § 101 of the Act, 29 U.S.C.A. § 411. See Hughes v. Local No. 11 of International Ass’n of Bridge, etc., 287 F.2d 810 (3rd Cir. 1961). The obvious deficiency in the complaint is its failure to allege the infringement of any such right or privilege.

The judgment of the court below will be affirmed.

Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America, 358 F.2d 728, 61 L.R.R.M. (BNA) 2688 (3d Cir. 1966).

Pincite

358 F.2d 728 (Cornelio v. Metropolitan District Council of Philadelphia & Vicinity of United Brotherhood of Carpenters & Joiners of America) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related