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PRIN v. DE LUCA

No. 61-C-98.

194 F.Supp. 852 (1961)

Florence PRIN, Individually, and on Behalf of all Other Members of Local 2067 United Steel Workers of America, AFL-CIO, Similarly Situated, Plaintiffs, v. Joseph DE LUCA, as President, and Jennie Parsons, as Treasurer of Local 2067 United Steelworkers of America, AFL-CIO, Defendants.

United States District Court E. D. New York.

May 29, 1961.

Attorney(s) appearing for the Case

David T. Berman, Brooklyn, N. Y., for plaintiffs.

Steinberg, Clyne & Jaffe, New York City, Rothbard, Harris & Oxfeld, Newark, N. J., Samuel L. Rothbard, Abraham L. Friedman, Newark, N. J., of counsel, for defendants.

BARTELS, District Judge.

Motion by defendants to dismiss the complaint herein for failure to state a claim upon which relief can be granted and for failure to join an indispensable party (pursuant to Rules 12(b) (6) and 12(b) (7), Fed.Rules Civ.Proc., 28 U.S. C.A., respectively).

An examination of the complaint reveals that the action is one instituted by certain members of a labor union against the president and treasurer of the union, based upon alleged...

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