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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