Rock Drilling, Blasting, Roads, Sewers, Viaducts, Bridges, Foundations, Excavations & Concrete Work v. Mason & Hangar Co.

RIFKIND, District Judge.

The defendant’s motion is two-pronged. For one, it seeks dismissal of the action on the ground of want of jurisdiction over the. subject matter. Secondly, it urges dismissal by reason of the insufficiency of the complaint.

The complaint alleges that plaintiff is an unincorporated labor union all of whose members are citizens of New York; that it represents employees in an industry affecting commerce; that it has brought the action in a representative capacity on behalf of such of its members .as were employed by defendant in the performance of a certain contract between…