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ROCK DRILLING, ETC. v. MASON & HANGAR CO.

90 F.Supp. 539 (1950)

ROCK DRILLING, BLASTING, ROADS, SEWERS, VIADUCTS, BRIDGES, FOUNDATIONS, EXCAVATIONS & CONCRETE WORK, etc., LOCAL UNION NO. 17, v. MASON & HANGAR CO., Inc.

United States District Court S. D. New York.

May 16, 1950.

Attorney(s) appearing for the Case

Francis Martocci, Charles DeLa Vergne, Kingston, N. Y., Boudin, Cohn & Glickstein, New York City (Hyman N. Glickstein, Daniel W. Meyer, Jerome B. Lurie, New York City, of counsel), for plaintiff.

Nevius, Brett & Kellogg, New York City, for defendant.

RIFKIND, District Judge.

The defendant's motion is two-pronged. For one, it seeks dismissal of the action on the ground of want of jurisdiction over the subject matter. Secondly, it urges dismissal by reason of the insufficiency of the complaint.

The complaint alleges that plaintiff is an unincorporated labor union all of whose members are citizens of New York; that it represents employees in an industry affecting commerce; that it has brought the action in...

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