RIZZO v. AMMOND

Civ. A. No. 1030-59.

182 F.Supp. 456 (1960)

Joseph RIZZO, Jack Lanzet, Rubin Goldman, Ira Kolodny, Paul Hammig, Daniel Winfield and Fred Spitaletta, Plaintiffs, v. Fred A. AMMOND, as Trustee for Retail Clerks and Food Handlers Union, Local 1262; William A. McLaughlin, as Deputy-Trustee and Acting Secretary-Treasurer of Retail Clerks and Food Handlers Union, Local 1262; James A. Suffridge, as President of Retail Clerks International Association, AFL-CIO; Vernon A. Housewright, as an officer of Retail Clerks International Association, AFL-CIO; and Retail Clerks International Association, AFL-CIO, Defendants.

United States District Court D. New Jersey.

March 28, 1960.


Attorney(s) appearing for the Case

Krieger & Chodash, Jersey City, N. J., for plaintiffs, by Harold Krieger, Jersey City, N. J., and Samuel M. Koenigsberg, Newark, N. J.

Green & Yanoff, Harry Schaffer, and Julius Wildstein, Newark, N. J., for defendants.


WORTENDYKE, District Judge.

This case is before me on defendants' motion to dismiss the complaint pursuant to F.R.Civ.P. 12, 28 U.S.C., more particularly, under subsection (b) of that Rule, for the following grounds: (1) lack of jurisdiction of the causes of action alleged; (2) lack of jurisdiction over the defendants; (3) non-joinder of indispensible parties; (4) lack of authority for plaintiffs' claimed representative status; and (5) "unclean hands" on the part...

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