TaiLexi AI U.S. Case Law

National Ass'n of Industrial Insurance Agents v. Committee for Industrial Organization

Nat'l Ass'n of Indus. Ins. Agents v. Comm. for Indus. Org., 25 F. Supp. 540 (D.D.C. 1938)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court, District of Columbia · Federal District Courts
Decided
November 19, 1938
Docket
No. 90440
Judges
Bailey
Citations
25 F. Supp. 5403 L.R.R.M. (BNA) 7471938 U.S. Dist. LEXIS 1687

Opinion of the Court — Bailey

Text extracted by OCR from a scanned original; check the original for exact wording.

BAILEY, Justice.

While I cannot agree with the contention of counsel for the plaintiff that this is a suit “arising under the Constitution and laws of the United States”, I think that the conclusion necessarily follows from the reasoning of Mr. Chief Justice Taft in the case of United Mine Workers of America v. Coronado Coal Company, 259 U.S. 344 , 42 S.Ct. 570 , 66 L.Ed. 975 , 27 A.L.R. 762 , that an unincorporated labor organization such as the defendant, the Committee for Industrial Organization, national in character, is subject to suit in this court in its common name. This power was apparently assumed by both the trial court and the appellate court in the case of Operative Plasterers Cement Finishers International Association v. Case, 68 App.D.C. 43 , 93 F.2d 56 .

The motion to quash service as to that defendant will therefore be overruled.

As to the remaining defendant, I find that it is not shown that John L. Lewis is an agent or officer of it, and the service upon him as such agent will be quashed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1943: 11945: 119432026peak 1943 · 1

Relies on it most ⓘ

  1. Schmidt v. Peoples Telephone Union of Maryville, Mo.138 F.2d 13 (8th Cir. 1943)
  2. Busby v. Electric Utilities Employees Union147 F.2d 865 (D.C. Cir. 1945)

Most recent

  1. Busby v. Electric Utilities Employees Union147 F.2d 865 (D.C. Cir. 1945)
  2. Schmidt v. Peoples Telephone Union of Maryville, Mo.138 F.2d 13 (8th Cir. 1943)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
United Mine Workers v. Coronado Coal Co., 259 U.S. 344 (1922) 411
Operative Plasterers' & Cement Finishers' Int'l Ass'n v. Case, 93 F.2d 56 (D.C. Cir. 1937) 31

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list