CORNELIO v. METRO. DIST. COUNCIL OF PHIL

Citation Codes

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Docket Number

No. 15596.

Attorney(S)

Edward L. Minnich, Jr., Philadelphia, Pa., for appellant. M.H. Goldstein, Philadelphia, Pa., for appellees.

Judges

William Francis Smith
Abraham Lincoln Freedman
John Lester Miller

Acts

Labor — Labor-Management Reporting And Disclosure Procedure — Bill Of Rights Of Members Of Labor Organizations — Civil Action For Infringement Of Rights; Jurisdiction
Labor — Labor-Management Reporting And Disclosure Procedure — Bill Of Rights Of Members Of Labor Organizations — Bill Of Rights; Constitution And Bylaws Of Labor Organizations

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George Anthony CORNELIO, Appellant, v. METROPOLITAN DISTRICT COUNCIL OF PHILADELPHIA AND VICINITY OF UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO by Robert H. Gray, Secretary-Treasurer and Robert H. Gray, Personally, and Local Union No. 1856 of the United Brotherhood of Carpenters and Joiners of America, by Clayton Doyle, President and United Brotherhood of Carpenters and Joiners of America, by Maurice Hutcheson, Jr., President and Benjamin T. Gray and George Gushue, Appellees.

PER CURIAM.

This is a civil action in which the plaintiff attempted to invoke the jurisdiction of the court below under § 102 of the Landrum-Griffin Act, 29 U.S.C.A. § 412. The present appeal is from the dismissal of the complaint for failure to state a claim upon which relief could be granted. This dismissal was proper. The only rights and privileges redressable under the said section are those specified in § 101 of the Act, 29 U.S.C.A. § 411. See Hughes v. Local No. 11 of International Ass'n of Bridge, etc., 287 F.2d 810 (3rd Cir. 1961). The obvious deficiency in the complaint is its failure to allege the infringement of any such right or privilege.

The judgment of the court below will be affirmed.

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