Prin v. De Luca

BARTELS, District Judge.

Motion by defendants to dismiss the complaint herein for failure to state a claim upon which relief can be granted and for failure to join an indispensable party (pursuant to Rules 12(b) {&) and 12(b) (7), Fed.Rules Civ.Proc., 28 U.S. C.A., respectively).

An examination of the complaint reveals that the action is one instituted by certain members of a labor union against the president and treasurer of the union, based upon alleged discrimination in “allocation of available jobs to the detriment of senior female union member-employees”. It was commenced in the Supreme…