Gray v. Reuther

Sixth Circuit

Gray v. Reuther

201 F.2d 54

CourtCourt of Appeals for the Sixth Circuit

DecidedDecember 17, 1952

Docket11544

StatusPublished

Cited by10 cases

This text of 201 F.2d 54 (Gray v. Reuther) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gray v. Reuther, 201 F.2d 54 (6th Cir. 1952).

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Opinion

PER CURIAM.

This appeal from dismissal by the district court of the complaint on motion of appellees came on to be heard;

And the record and the briefs and oral arguments of attorneys having been duly considered, this court is of opinion that the action of the District Judge in dismissing the complaint was well grounded, for the reasons stated in his succinct opinion to the effect that the complaint failed to state a class action, cf. Giordano v. Radio Corporation of America, 3 Cir., 183 F.2d 558, and for the further reason that the local union, which was not joined as a party to the suit, is an indispensable party; and, if joined as a party defendant, such joining would result in defeating jurisdiction for lack of diversity of citizenship ;

And, moreover, it appears that the appellant herein has failed to exhaust his remedies within the labor organization, as required by the Union Constitution. See Reigel v. Harrison, 6 Cir., 157 F.2d 140.

Accordingly, the order of the district court granting appellees’ motion to dismiss the action is affirmed.

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PER CURIAM.

This appeal from dismissal by the district court of the complaint on motion of appellees came on to be heard;

And the record and the briefs and oral arguments of attorneys having been duly considered, this court is of opinion that the action of the District Judge in dismissing the complaint was well grounded, for the reasons stated in his succinct opinion to the effect that the complaint failed to state a class action, cf. Giordano v. Radio Corporation of America, 3 Cir., 183 F.2d 558, and for the further reason that the local union, which was not joined as a party to the suit, is an indispensable party; and, if joined as a party defendant, such joining would result in defeating jurisdiction for lack of diversity of citizenship ;

And, moreover, it appears that the appellant herein has failed to exhaust his remedies within the labor organization, as required by the Union Constitution. See Reigel v. Harrison, 6 Cir., 157 F.2d 140.

Accordingly, the order of the district court granting appellees’ motion to dismiss the action is affirmed.

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201 F.2d 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-reuther-ca6-1952.

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