UNITED ELECTRICAL R. & MACH. WORKERS v. I. B. OF E. WORKERS

No. 48.

115 F.2d 488 (1940)

UNITED ELECTRICAL RADIO & MACHINE WORKERS OF AMERICA v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS et al.

Circuit Court of Appeals, Second Circuit.

November 4, 1940.


Attorney(s) appearing for the Case

Boudin, Cohn & Glickstein, (Louis B. Boudin, of New York City, of counsel) for appellant.

Isaac Lobe Straus, of Baltimore, Md., Claude A. Hope and Delafield, Marsh, Porter & Hope, all of New York City, for International Brotherhood of Electrical Workers.

Parker & Duryee, of New York City (Davidson Sommers, of New York City, James M. Houston, of Pittsburgh, Pa., of counsel) for National Electric Products Co.

Herman L. Weisman, of New York City, (Herman L. Weisman and Ambrose Doskow, both of New York City, of counsel) for H. Z. Altberg, Inc., and others.

Raymond L. Wise, of New York City, (Raymond L. Wise, William Esbitt, and Theodore W. Kohn, all of New York City, of counsel) for L. K. Comstock & Co. and J. Livingston & Co.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing a complaint for insufficiency on its face and must therefore be decided solely upon its allegations. The complaint alleged that the plaintiff was an unincorporated labor union whose members are engaged in producing electrical machinery and the like, and which had been chosen as collective bargaining representative "by numerous employees," and certified by the National Labor Relations Board "on numerous...

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