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DAWSON v. DELANEY

Civ. A. No. 2053.

189 F.Supp. 416 (1960)

Homer DAWSON, Edmond Farmer, Louis Lattanzio, Howard Kaye and Stanley Kosiorek, in their own behalf and on behalf of all members of Local 542 and its Branches 542A, 542B and 542C of the International Union of Operating Engineers v. Joseph J. DELANEY and Hunter P. Wharton, individually and as representatives of the International Union of Operating Engineers.

United States District Court D. Delaware.

November 17, 1960.

Attorney(s) appearing for the Case

Abraham E. Freedman and Marvin I. Barish, Wilmington, Del. (of Freedman, Landy & Lorry), Philadelphia, Pa., and Harold Leshem (of Leshem & Rubenstein), Wilmington, Del., for plaintiffs.

William S. Potter and James L. Latchum, Wilmington, Del., (of Berl, Potter & Anderson), Wilmington, Del., and Charles A. Wolfe (of Montgomery, McCracken, Walker & Rhoads), Philadelphia, Pa., for defendants.

Berl, Potter & Anderson, Wilmington, Del., Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., J. Albert Woll, Washington, D. C., of counsel.

LAYTON, District Judge.

The first ground of motion for dismissal is that the complaint fails to state the necessary jurisdictional amount in controversy. Curiously enough, the plaintiffs seem to have failed to have included this obligatory allegation. However, it is clear from the complaint as a whole that the plaintiffs are demanding, among other relief, the restoration to Local 542 of a death benefit fund amounting to at least $120,000 and a welfare fund in excess...

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