Legal Opinion · Dissent
A. L. Kornman Company v. Amalgamated Clothing Workers of America
Court of Appeals for the Sixth Circuit
Decided February 25, 1959No. 13523Published
1Dissent
SHACKELFORD MILLER, Jr., Circuit Judge
(dissenting).
I am of the opinion that the District Court did not have jurisdiction of this case, and accordingly, the judgment should be reversed.
The present action is purely one to enforce an arbitration award for the benefit of individual employees. A complete and adequate remedy is provided by the state courts. Diversity of citizenship does not exist.
Sec. 301(a) of the Labor Management Relations Act of 1947, Sec. 185(a), Title 29 U.S.C.A., under which federal jurisdiction is claimed, does not in my opinion confer such jurisdiction.
Sec. 801(a) is…
2Cases cited9 opinions
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- J. I. Case Co. v. National Labor Relations BoardSupreme Court of the United States · 1944
- Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955
- Suttle v. Reich Bros. Construction Co.Supreme Court of the United States · 1948
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