Legal Opinion

O'BRIEN v. Paddock

District Court, S.D. New York

Decided September 22, 1965PublishedCited by 8 opinions

1Opinion of the Court

COOPER, District Judge.

This is a motion to dismiss a complaint under Rules 12(b) (1) and (6) of the F.R.Civ.P. for lack of jurisdiction over the subject matter and failure to state a claim upon which relief can be granted.

The complaint is filed pursuant to the provisions of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 1 and alleges that the defendant labor organization, movant herein, has denied certain union members in good standing “ * * * the right to nominate candidates, to vote in local elections and referendums * * * to vote upon * * * by-laws, to attend membership…

2Cases cited7 opinions

  1. Calhoon v. HarveySupreme Court of the United States · 1964
  2. Gurton v. AronsCourt of Appeals for the Second Circuit · 1964
  3. Nicholas Mamula v. United Steelworkers of America, an Unincorporated Labor Union, and I. W. Abel, International Secretary-Treasurer ThereofCourt of Appeals for the Third Circuit · 1962
  4. Johnson v. SAN DIEGO WAITERS & BARTENDERS U., LOCAL 500District Court, S.D. California · 1961
  5. Gammon v. International Association of MacHinistsDistrict Court, N.D. Georgia · 1961

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Wade S. McGuire v. Grand International Division of the Brotherhood of Locomotive EngineersCourt of Appeals for the Sixth Circuit · 1970
  2. Depew v. EdmistonCourt of Appeals for the Third Circuit · 1967
  3. American Postal Workers Union, Afl-Cio, Headqtrs Local 6885 v. American Postal Workers Union, Afl-CioCourt of Appeals for the D.C. Circuit · 1981
  4. Kinoy v. MitchellDistrict Court, S.D. New York · 1971
  5. Pignotti v. Local 3 Sheet Metal Workers International Ass'nDistrict Court, D. Nebraska · 1972

3 more not listed; retrieve them via the Exa API.

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