Dempsey v. Great Atlantic & Pacific Tea Co.

The defendant The Great Atlantic and Pacific Tea Company moves for dismissal of the complaint pursuant to rule 107 of the Rules of Civil Practice, upon the ground that the court has not jurisdiction of the subject matter. By separate motion, the defendants Local Union Ño. 400 and Local Union No. 489 move for dismissal of the complaint upon the ground that the court lacks jurisdiction of the subject matter, and upon the further ground that there is an existing judgment determining the same cause between the parties.

It is alleged that for four years prior to December 11, 1953 plaintiff had been…