Legal Opinion

Burris v. International Brotherhood of Teamsters

District Court, W.D. North Carolina

Decided April 16, 1963No. Civ. A. No. 1689PublishedCited by 7 opinions

1Opinion of the Court

CRAVEN, Chief Judge.

Defendant has moved the court to dismiss plaintiffs’ complaint for, inter alia, lack of jurisdiction over the subject matter. Rule 12(b) F.R.Civ.P. Other grounds asserted in defendant’s motion are without merit and warrant no discussion.

In disposing of defendant’s motion to dismiss for lack of jurisdiction, the court has looked only to the representations set out in the complaint, as amended. See Barron & Holtzoff, Federal Practice and Procedure, section 349. The substance of plaintiffs’ material allegations are as follows:

Plaintiffs were covered by a collective bargaining…

2Cases cited4 opinions

  1. Smith v. Evening News Assn.Supreme Court of the United States · 1962
  2. Helene Marceau Sidebotham v. W. L. Robison, Administrator of the Estate of Robert Sidebotham, Deceased, and Robert Sidebotham and James SidebothamCourt of Appeals for the Ninth Circuit · 1955
  3. Downey v. PalmerCourt of Appeals for the Second Circuit · 1940
  4. Margaret Neeff v. Emery Transportation Company (An Ohio Corporation) and Midwest Transfer Company of Illinois (An Illinois Corporation)Court of Appeals for the Second Circuit · 1960

3Cited by7 opinions

  1. Newman v. HjelleNorth Dakota Supreme Court · 1965
  2. Burris v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & HelpersDistrict Court, W.D. North Carolina · 1963
  3. Cole v. HallDistrict Court, E.D. New York · 1964
  4. Kipbea Baking Co. v. StraussDistrict Court, E.D. New York · 1963
  5. Vincent v. Plumbers & Steamfitters Local No. 198District Court, M.D. Louisiana · 1974

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