Legal Opinion
Bennett v. Progress Lodge 992
District Court, D. Massachusetts
Decided January 28, 1958No. Civ. A. No. 57-998-SPublishedCited by 3 opinions
1Opinion of the Court
SWEENEY, Chief Judge.
This case is presently before the court on motions of both defendants to dismiss the amended complaint for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted.
The amended complaint alleges in substance the following:
Jurisdiction is founded on 28 U.S.C. § 1331 and § 1337, the Railway Labor Act, 45 U.S.C.A. §§ 151 and 153, the Labor Management Relations Act, 29 U.S. C.A., particularly § 159(f) and (g), and Rule 23(a), F.R.Civ.P., 28 U.S.C.
The plaintiffs, both members of the defendant Union, were wrongfully…
2Cases cited5 opinions
- Slocum v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1950
- Moore v. Illinois Central RailroadSupreme Court of the United States · 1941
- Local Union No. 25 of the International Brotherhood of Teamsters v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1956
- Teamsters Union v. NY, NH & HR CO.Supreme Court of the United States · 1956
- Priest v. Chicago, R. I. & P. R. R.Court of Appeals for the Eighth Circuit · 1951
3Cited by3 opinions
- Gainey v. Brotherhood of Railway & Steamship ClerksDistrict Court, E.D. Pennsylvania · 1959
- Brotherhood of Railroad Trainmen v. Central of Georgia Railway Co.District Court, M.D. Georgia · 1961
- Gainey v. BROTHERHOOD OF RAILWAY & STEAM. CLERKS, ETC.District Court, E.D. Pennsylvania · 1959