GENERAL FOAM CORP. v. DISTRICT 50, UNITED MINE WORKERS

Civ. No. 9373.

266 F.Supp. 249 (1967)

GENERAL FOAM CORPORATION, Plaintiff, v. DISTRICT 50, UNITED MINE WORKERS OF AMERICA and Local Union 15371 of District 50, United Mine Workers of America, Defendants.

United States District Court M. D. Pennsylvania.

March 30, 1967.


Attorney(s) appearing for the Case

Nogi, O'Malley & Harris, Scranton, Pa., for plaintiff.

Rosenn, Jenkins & Greenwald, WilkesBarre, Pa., for defendants.


OPINION

SHERIDAN, Chief Judge.

This is a motion by defendants to dismiss the complaint for failure to state a claim upon which relief can be granted.

The action was begun to compel arbitration under Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C.A. § 185, and the Declaratory Judgment Act, as amended, 28 U.S.C.A. § 2201.

The complaint alleges that the dispute involved arose on February 2, 1966, when...

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