Legal Opinion

Local 33, International Hod Carriers Building & Common Laborers' Union v. Mason Tenders District Council

Court of Appeals for the Second Circuit

Decided June 8, 1961No. 315, Docket 26677PublishedCited by 5 opinions

1Opinion of the Court

MEDINA, Circuit Judge.

On a series of motions and cross-motions that we shall later describe in some detail the District Court has dismissed the complaint of Local 33, International Hod Carriers Building and Common Laborers’ Union of America for failure to state a claim upon which relief can be granted under Section 301 (a) of the Labor-Management Relations Act, 29 U.S.C.A. § 185(a), and Local 33 appeals. Chief Judge Ryan’s opinion is reported at 186 F.Supp. 737. The action is one for a declaratory judgment and for injunctive relief, based upon an alleged “agreement, custom and practice”…

2Cases cited23 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bell v. HoodSupreme Court of the United States · 1946
  3. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  4. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  5. Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955

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3Cited by5 opinions

  1. Local 33, International Hod Carriers Building And Common Laborers' Union Of America, Plaintiff-Appellant, v. Mason Tenders District Council Of Greater New YorkCourt of Appeals for the Second Circuit · 1961
  2. Boeing Co. v. International Union, United Automobile, Aerospace & Agricultural Implement WorkersDistrict Court, E.D. Pennsylvania · 1964
  3. Craska v. New York Telephone Co.District Court, N.D. New York · 1965
  4. LaSalle Casualty Insurance v. American Underwriters, Inc.Indiana Court of Appeals · 1971
  5. Boeing Company v. INTERNATIONAL U., UNITED A., A. & AI WKRS.District Court, E.D. Pennsylvania · 1964

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