MORRISSEY v. SHULTZ

No. 69 Civ. 3049.

311 F.Supp. 744 (1970)

James M. MORRISSEY, individually and on behalf of all other members of the National Maritime Union of America, Plaintiff, v. George P. SHULTZ, Secretary of Labor, United States Department of Labor, Defendant.

United States District Court, S. D. New York.

April 21, 1970.


Attorney(s) appearing for the Case

Daniel Donnelly, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant; Michael D. Hess, Asst. U. S. Atty., of counsel.


WYATT, District Judge.

This is a motion by defendant for an order dismissing the action for want of jurisdiction of the subject matter and for failure of the complaint to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b). Affidavits were submitted in support of and in opposition to the motion. The motion must be granted.

Plaintiff is a member of the National Maritime Union (NMU). Defendant is the Secretary of Labor.

Plaintiff was a...

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