Thomas v. Reading Anthracite Company

MEMORANDUM

NEALON, District Judge.

Plaintiffs, Trustees of the Anthracite Health and Welfare Fund, brought suit under Section 301(a) of the Labor-Management Relations Act of 1947, 29 U.S.C. § 185, to collect payments of royalties allegedly owed them by defendant, Reading Anthracite Company, under the terms of the Anthracite Wage Agreements of February 1,1959, and September 1, 1964.

Defendant has filed a motion under Rule 12(b) in which it seeks:

1. to dismiss the action for the reason that the complaint fails to state a claim against the defendant upon which relief can be granted;

2. to dismiss…