International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation

Ninth Circuit

International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation

221 F.2d 225, 35 L.R.R.M. (BNA) 2716, 1955 U.S. App. LEXIS 4641

Court of Appeals for the Ninth Circuit·Decided April 4, 1955·No. 14098_1·Published·Cited by 5 cases

Opinion

PER CURIAM.

Appellant seeks a reversal of a decision of the Hawaiian district court dismissing a complaint against appellee seeking a declaratory judgment that the appellee owes one of the employee members of the appellant his wages for a period in which he was allegedly wrongfully discharged, and for judgment for the amount owed. Appellant relies upon Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185 and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

The decision of this appeal was withheld awaiting the opinion of the Supreme Court in a similar case, Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp., 75 S.Ct. 488. The Supreme Court’s decision of March 28, 1955 holds that a federal dis *226 trict court has no jurisdiction to entertain such a complaint on either of the statutes relied upon and cannot award the damages sought.

The judgment dismissing the complaint is affirmed.

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PER CURIAM.

Appellant seeks a reversal of a decision of the Hawaiian district court dismissing a complaint against appellee seeking a declaratory judgment that the appellee owes one of the employee members of the appellant his wages for a period in which he was allegedly wrongfully discharged, and for judgment for the amount owed. Appellant relies upon Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185 and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

The decision of this appeal was withheld awaiting the opinion of the Supreme Court in a similar case, Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp., 75 S.Ct. 488. The Supreme Court’s decision of March 28, 1955 holds that a federal dis *226 trict court has no jurisdiction to entertain such a complaint on either of the statutes relied upon and cannot award the damages sought.

The judgment dismissing the complaint is affirmed.

International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation, 221 F.2d 225, 35 L.R.R.M. (BNA) 2716, 1955 U.S. App. LEXIS 4641 (9th Cir. 1955).

Pincite

221 F.2d 225 (International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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