UNITED CONSTRUCTION WKRS. v. ELECTRO CHEM. ENGRAV. CO.


175 F.Supp. 54 (1959)

UNITED CONSTRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA, Plaintiff, v. ELECTRO CHEMICAL ENGRAVING COMPANY and Etched Products Corporation, Defendants.

United States District Court S. D. New York.

July 20, 1959.


Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, for plaintiff, Burr F. Coleman, New York City, of counsel.

Barron, Rice & Rockmore, New York City, for defendants, George P. Halperin, Jerome L. Reinstein, New York City, of counsel.


DAWSON, District Judge.

This is a motion by defendants for an order, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C. A., dismissing the action on the ground that the Court does not have jurisdiction of the subject matter and dismissing the complaint on the ground that plaintiff fails to state a claim upon which relief can be granted.

The basic action is a suit by a labor union against two employer corporations (parent and subsidiary...

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