SEELEY v. BROTHERHOOD OF PAINTERS, DECORATORS, ETC.

No. 19287.

308 F.2d 52 (1962)

Ward A. SEELEY, Appellant, v. BROTHERHOOD OF PAINTERS, DECORATORS AND PAPER HANGERS OF AMERICA et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 11, 1962.


Attorney(s) appearing for the Case

John W. Cooper, C. V. Stelzenmuller, Birmingham, Ala., Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., of counsel, for appellant.

Jerome A. Cooper, Birmingham, Ala., Herbert Thatcher, Washington, D. C., Cooper, Mitch & Crawford, Birmingham, Ala., for Union appellees.

George Peach Taylor, Dominick, Fletcher, Taylor & Yeilding, Birmingham, Ala., for appellees, Wiscombe Painting Co. and Wiscombe Southern Painting Co.

Before RIVES, CAMERON and GEWIN, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment dismissing an action for failure of the complaint to state a claim upon which relief might be granted or, in the alternative, of which the district court has jurisdiction.

According to the complaint, plaintiff was employed by Wiscombe Painting Company, Inc. (hereinafter called "Wiscombe") in 1951 at which time he was an active member of the Brotherhood of Painters, Decorators and Paper Hangers of America...

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