REINAUER TRANSP. COS. v. UNITED MARINE DIVISION


112 F.Supp. 940 (1953)

REINAUER TRANSP. COS., Inc. et al. v. UNITED MARINE DIVISION, I.L.A., LOCAL 333, A. F. OF L.

United States District Court S. D. New York.

April 14, 1953.


Attorney(s) appearing for the Case

James A. Breslin, Lyndhurst, N. J., for plaintiffs.

Brenner, Hannon & Murphy, New York City, for defendant.


LEIBELL, District Judge.

Defendant moves under rule 12(b), Federal Rules Civil Procedure, 28 U.S.C.A., to dismiss the complaint in this action on two grounds: (1) that the complaint fails to state a claim upon which relief can be granted, and (2) that this Court lacks jurisdiction over the subject matter of the action.

The plaintiffs instituted this action on February 4, 1953 under Subchapter IV of the Labor Management Relations Act, 1947, Title 29 U.S.C.A...

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