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International Longshoremen's and Warehousemen's Union, Local 142, an Unincorporated Association v. Libby, McNeill & Libby, a Corporation

INTERNATIONAL LONGSHOREMEN’S AND WAREHOUSEMEN’S UNION, Local 142, an Unincorporated Association, Appellant, v. LIBBY, McNEILL & LIBBY, a Corporation, Appellee

Int'l Longshoremen's & Warehousemen's Union, Local 142, an Unincorporated Ass'n v. Libby, McNeill & Libby, a Corp., 221 F.2d 225 (9th Cir. 1955)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
April 4, 1955
Docket
No. 14098_1
Judges
Denman, Bone, Pope
Citations
221 F.2d 22535 L.R.R.M. (BNA) 27161955 U.S. App. LEXIS 4641

Opinion — Per Curiam

PER CURIAM.

Appellant seeks a reversal of a decision of the Hawaiian district court dismissing a complaint against appellee seeking a declaratory judgment that the appellee owes one of the employee members of the appellant his wages for a period in which he was allegedly wrongfully discharged, and for judgment for the amount owed. Appellant relies upon Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. § 185 and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

The decision of this appeal was withheld awaiting the opinion of the Supreme Court in a similar case, Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp., 75 S.Ct. 488 . The Supreme Court’s decision of March 28, 1955 holds that a federal dis *226 trict court has no jurisdiction to entertain such a complaint on either of the statutes relied upon and cannot award the damages sought.

The judgment dismissing the complaint is affirmed.

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1955: 11956: 31958: 119552026peak 1956 · 3

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