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BENNETT v. PROGRESS LODGE 992, ETC.

Civ. A. No. 57-998-S.

159 F.Supp. 93 (1958)

Joseph L. BENNETT and Arnold Brown, Plaintiffs, v. PROGRESS LODGE 992, BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, etc. and The Boston & Maine Railroad, Defendants.

United States District Court D. Massachusetts.

January 28, 1958.

Attorney(s) appearing for the Case

Benjamin T. Johnson, Boston, Mass., for plaintiffs.

Tyler & Reynolds, Francis V. Hanify, Boston, Mass., Mulholland, Robie & Hickey, Edward J. Hickey, Jr., Washington, D. C., and Eugene J. Ratto, Boston, Mass., for defendants.

SWEENEY, Chief Judge.

This case is presently before the court on motions of both defendants to dismiss the amended complaint for lack of jurisdiction over the subject matter and for failure to state a claim upon which relief can be granted.

The amended complaint alleges in substance the following:

Jurisdiction is founded on 28 U.S.C. § 1331 and § 1337, the Railway Labor Act, 45 U.S.C.A. §§ 151 and 153, the Labor Management Relations...

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