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BURRIS v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, ETC.

Civ. No. 1689.

224 F.Supp. 277 (1963)

R. D. BURRIS et al., Plaintiffs, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Defendant.

United States District Court W. D. North Carolina, Charlotte Division.

December 11, 1963.

Attorney(s) appearing for the Case

Warren C. Stack and James L. Cole, Charlotte, N. C., for plaintiffs.

Francis M. Fletcher, Jr., Charlotte, N. C., and Herbert S. Thatcher and David S. Barr, Washington, D. C., for defendant.

CRAVEN, Chief Judge.

Plaintiffs in this action originally attempted to invoke federal jurisdiction under Section 301 of the Labor Management Relations Act, (29 U.S.C.A. § 185). Defendant moved under Rule 12(b) of the Federal Rules of Civil Procedure that the complaint be dismissed for lack of jurisdiction over the subject matter. The court decided that though no claim for relief cognizable under Section 301 was alleged, it did appear that the complaint alleged...

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