FITZGERALD v. HAYNES

No. 12124.

241 F.2d 417 (1957)

Albert J. FITZGERALD, individually and as representative of the members of the United Electrical, Radio & Machine Workers, of America (UE), Appellant, v. Norman HAYNES, Matthew Shelly, John Mapstone, Vanetta Groce, Marian Hart, Jean Johnson, Hazel Frederick, Rex Greeley, Earl Caton, Ruth Ohl, Freda Schwenkmeyer, Benjamin Riskin, and Alfred Ellis.

United States Court of Appeals Third Circuit.

Decided February 15, 1957.

Rehearing Denied March 25, 1957.


Attorney(s) appearing for the Case

David Cohen, Philadelphia, Pa., for appellant.

Plato E. Papps, Washington, D. C. (Martin R. Bradley, Jr., Buffalo, N. Y., Robert Wise, Williamsport, Pa., on the brief), for appellees.

Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

The question on this appeal is whether the district court erred in dismissing a complaint in which the present appellant asked that the appellees be restrained from using or disposing of property said to belong to two local labor unions. The controversy was presented as one between a citizen of Massachusetts and citizens of Pennsylvania and, therefore, within federal jurisdiction.

Appellant Fitzgerald is president of the United Electrical...

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